Dealing with a loved one’s affairs after their death can be an incredibly stressful time. Having someone knowledgeable, like a solicitor or probate specialist, can significantly lighten this burden. They can ensure that all legal and financial matters are handled properly and efficiently, allowing you to focus on supporting one another and honouring your loved one’s memory.

Probate is the process of dealing with the estate of someone who has passed away. This means obtaining a Grant of Representation (a Grant of Probate if there is a Will or a Letter of Administration if there is no Will). 

We can help with and advise on any of the Executors duties including: 

  • Preparing and submitting the application for Grant of Probate or Letters of Administration

  • Identifying, investigating, and valuing all estate assets and liabilities

  • Gathering and securing the estate’s assets

  • Completing and filing the appropriate Inheritance Tax documentation

  • Settling outstanding debts and liabilities of the estate

  • Managing the sale or transfer of property and other estate assets

  • Distributing the estate in accordance with the terms of the Will

  • Administering any Trusts established under the Will or by law

  • Drafting and executing Deeds of Variation, where applicable

FAQs

If you do not wish to apply for Grant of Probate, you can instruct us to do this on your behalf. 

In short terms, no. 

Before Executors can complete the sale of a property, the Executor must have Grant of Probate. 

The property can be placed on the market but cannot complete until receipt of Grant of Probate. 

When selling a property the buyers should be made aware that the Estate is pending Grant of Probate. 

Obtaining Grant of Probate, as of November 2023, takes around 20 weeks to complete. Administering the estate can take around 12 to 18 months, depending on the complexity of the Estate and any disputes that may arise. 

Beneficiaries have the right to be kept informed throughout the process. 

The Beneficiaries also have the right to request a copy of the accounts of the estate. 

Yes, there are several reasons you may have concerns over the validity of a Will. 

For example:

– Did the deceased have mental capacity?

– Is undue influence suspected?

As a non-professional Executor, you cannot be paid for your time spent. You can however, claim expenses. 

Beneficiaries can bring claims for undue delay, selling property below the market value or where the Executor does not seek professional advice. 

We offer further advice to Beneficiaries and Executors regarding this matter.

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