Probate

Probate refers to the legal authority granted to handle someone's property, finances, and belongings (their 'estate') once they have died. Before initiating a probate application, it's crucial to ascertain if probate is needed for their estate or not. Additionally, working out the estate's value is essential to determine if any inheritance tax obligations exist.

In cases where the deceased left a Will, Executors are appointed to oversee the estate administration and apply for probate.

If the deceased didn't leave a Will, an application to the Probate Registry for Letters of Administration is necessary to become an Administrator. Once appointed, Administrators assume the same responsibilities for the estate as Executors. The key difference lies in the determination of beneficiaries and estate division, which are governed by the Rules of Intestacy rather than specified in a Will.

About Our Services

Our team of probate experts possess extensive experience assisting clients in managing a loved one's estate, whether a Will exists or not. Our services comprise:

• Applying to the Probate Registry for Grants of Representation (Grant of Probate if a Will exists or Letters of Administration if no Will is present).
• Assisting in valuing estates to ascertain potential inheritance tax liabilities.
• Offering clear guidance on the role and obligations of Executors or Administrators.
• Managing all aspects of the probate process, including collating financial data, investigating and settling inheritance tax, and ensuring beneficiaries receive their entitlements.
• Addressing and resolving any disputes concerning the Will or the administration procedure.

Probate FAQs

1. What is a Grant of Probate?

A Grant of Probate is the legal authority given to the Executors of a Will to deal with the deceased’s assets.

2. How long does it take to get a Grant of Probate?

Currently, the Probate Registry is taking an average of 16 weeks from the date of an application to issue the Grant of Probate

3. Who is responsible for getting a Grant of Probate?

If the deceased left a valid Will, then this will name the executors and it is their responsibility to apply for the Grant of Probate. If the deceased did not have a Will, then the Rules of Intestacy will determine who can apply for Letters of Administration.

4. What are Letters of Administration?

Letters of Administration are similar to a Grant of Probate, it is a document issued by the Probate Registry authorising someone to act as Administrator for the estate of a person who has died without making a Will.

5. Do I need a solicitor?

You don’t need to use a solicitor to apply for probate, however, most executors decide to use a solicitor particularly if the estate is complex.

6. Do you always need probate?

You don’t always need probate. For example, you might not need probate if:-

• All assets are jointly owned
• The estate is insolvent
• The assets are of low enough value that banks and other institutions will not need sight of a Grant of Probate

You should always seek professional advice as to whether a Grant of Probate is required.

7. What does an Executor/Administrator do?

Executors and Administrators are responsible for collecting all of the assets in an estate, investigating and settling any liabilities of the estate, calculating and paying inheritance tax or other taxes due, and distributing the estate in accordance with the terms of the Will or Rules of Intestacy.

8. Do I have to be an Executor?

If you don’t want to act as an executor, you can give up your right to do this by renouncing. This is something our legal experts can assist with.

9. Can the intestacy rules be challenged?

People who are not entitled under the Rules of Intestacy can still make a claim against an estate under the terms of the Inheritance (Provision for Family and Dependants) Act 1975. For more information on this, please speak with our team of contentious probate experts.

Next Steps: Get in touch

If you need advice in applying for probate, then please don’t hesitate to reach out to our team of experts based at our Weston-super-Mare, Clevedon, Yatton, Bridgwater, Bristol and Wedmore offices.