Our personalised service is to tailored to your specific circumstances.

We:

• Simplify the legal process
• Have years of experience in administration of estates
• Are members of the Society of Trust & Estate Practitioners (STEP)
• Offer a fixed fee, so that you are clear on what it’s going to cost

Probate Services – what’s involved?

The probate process can be split into three steps.

Firstly, information gathering, sorting out the tax (if there is any) and applying to the Probate Registry for the Grant or Probate or Letters of Administration.

• Gather detailed information about the deceased’s assets and any liabilities
• Work out the value of the estate
• Complete the Inheritance Tax return and calculate Inheritance Tax (IHT) due if it is a taxable estate
• Prepare the papers leading to the Grant of Probate or for intestacies Letters of Administration
• After the grant of probate is obtained we will

Secondly, collect in the assets of the entire estate and deal with any outstanding debts.

• When we have a Grant of Representation, we will lodge sealed copies with bank accounts and other organisations to collect in the deceased’s assets.
• We will clear any liabilities and expenses outstanding in the deceased’s estate
• Settle IHT and probate fees

Thirdly, we will settle any IHT obligation. 

We will make distributions in accordance with your loved one’s will.

Or, if there was no valid will, distribute in accordance with the intestacy rules.

Why Choose us?

Our probate team is led by Edward Young who has been a Wills and Probate Solicitor since 2005. He is a member of STEP and has experience of dealing with high value and complex estates.

Expert advice for when things are complicated

• Varying the Will or rules of intestacy after death
• Applying for extra provisions for the surviving spouse or civil partner
• Advising the personal representatives, executor or administrator when there is a contested will.
• Supporting clients with post death estate planning. 
• Helping family members with their own immediate estate planning needs
• Helping clients where there are mental capacity or testamentary capacity issues

How we work with you

We will have an initial consultation with you. 

This is so that we can get a detailed knowledge of the family members involved. 

And to get a detailed grasp of the deceased’s assets and outstanding debts.

At this meeting we will go through with you the Will and all the personal information of your loved one. 

We will go through financial and legal documents to ensure we are clear on what needs to be dealt with in the best interests of the estate.

We will give you our client care letter and agree a fixed fee. We are not a believer in hourly rates as we think this does not encourage efficiency in providing legal services. Fixed fees give our clients peace of mind.

We will normally ask for details of accounts and subscriptions etc. which had your loved one’s name on them. You can hand these over to us and we will start the administration of the estate.

We will give you transparent updates at every stage of the process.

FAQS

What is a Grant of Probate?

A Grant of Probate is a legal document issued by the Probate Registry. 

It gives the executor of a Will legal authority to deal administration of estates.

How do I apply for a Grant of probate or grant of representation

Firstly determine whether there is a valid Will. If there is a valid Will you can apply for a Grant of Probate. If there is no valid Will, you can apply for Letters of Administration following the rules of intestacy. The process is made up of 2 steps. 1. Valuing the estate. 2. Settling the IHT and obtaining the Grant.

What if there is no valid Will?

If there is no valid Will the rules of intestacy should be applied to determine who is entitled to take out the Grant to deal with the estate and how the estate should be administered.

Do I need Probate if the estate is small?

You may not need probate if the estate is small. Generally UK banks will release account funds if the account value is less than £15,000. If the deceased owned land in their own name or jointly as tenants in common, then their estate will need a Grant to deal with the land.

How long does the Probate Process take?

The process normally takes 6-12 months depending on the complexity of the estate. There are elements of the process which are outside our control such as the processing times of the Probate Registry and HMRC.

Who can apply for Probate?

If there is a valid Will then the Executor can apply for probate. If there is no valid Will then a family member can apply for a Grant of Administration in accordance with the intestacy rules.

How much does probate cost?

Probate fees are £273 for estates with a value of £5,000 or more.

Legal fees will depend on the complexity of the estate and how much work is involved.

Are there any hidden costs?

We will agree a fixed fee with you. If there are disbursements such as surveyors fees or court fees, we will let you know of these in advance.

Who pays the Probate Fees

It is the Executor or Administrator’s responsibility to pay Probate Fees and disbursements, these can be repaid to the Executor after the deceased’s assets have been collected.

What happens if the Will is contested?

A contested Will may delay the process, our private client team will advise Executors on how to resolve any disputes.

Can I handle probate myself?

Yes, you can handle probate yourself. If you are an executor you can make the probate application yourself after settling the IHT with HM Revenue & Customs and valuing the estate. This is best suited to individuals who are familiar with the deceased’s financial affairs.

Do I have to pay Inheritance Tax (IHT)?

IHT can be complicated, working out when it applies can be tricky and applying the correct reliefs such as spout relief, the nil rate band or residential property nil rate band can trip people up. Certain reliefs can be missed such as business property relief. If the estate is complicated it is best to engage expert probate solicitors to deal with the deceased person’s assets and liabilities.

When it comes to tax, it can be complicated also during the administration process, where income tax on the estate’s earned income and any gain may attract capital gains tax.

Can the funeral expenses be paid before Probate?

Yes, if you take the funeral bill to the deceased’s bank, they will arrange for the undertaker to be paid from the deceased’s account without the need for probate.

What if an Executor does not want to act?

An Executor can renounce the role if they so please. A special deed of renunciation must be signed if this is the case.

What happens if the Executor has mental capacity issues or lacks capacity?

An application must be made to the Court of Protection.

What rights does the surviving spouse or surviving civil partner have?

The Will determines who the Executor is and how the estate is to be distributed. However, if the surviving spouse or civil partner feel they have been inadequately provided for, they can make an application under the Inheritance (Provision of Family & Dependents) Act 1975. If it is an intestacy this law will also apply. It also applies to other family members who may have been dependent on the deceased. Contact us for expert legal advice on this matter.

What happens if the deceased owned assets abroad?

If there are assets abroad, our legal team is equipped to help you with these. Our Principal is also a Notary Public and is used to dealing with overseas matters.

What if the deceased had outstanding debts?

The first thing to do with outstanding debts is to notify the debtor of the passing of your loved one. Then notify them that probate is being obtained and that the debt will be repaid just as soon as funds are available.

If the deceased had an outstanding mortgage and had life insurance in place to cover the mortgage, this can be sorted out before a grant of probate is obtained. Our specialist solicitors can guide on this process.

What if the will was signed incorrectly?

If there are issues with how the Will was signed, an application can be made to the Probate Registry in certain cases. If nothing can be done, for example if it wasn’t witnessed by two witnesses, the Will may be invalid and in that case the intestacy rules would apply.

I’m a family member, can I challenge the validity of a Will?

Yes, you can. Our expert solicitor will guide you as the prospects of challenging a Will and go through the grounds of challenging a Will with you.

I have a dispute with HMRC, can you help?

Our probate specialists are used to dealing with HMRC. Sometimes disputes can arise and we can help you ensure that a completion certificate is issued after the IHT has been resolved.

What happens if the Executor makes a mistake?

Executors are personally liable for errors made in administering an estate. That is why it is a good idea to engage experienced lawyers to take the strain.

How can you contact our probate team?

You can contact us by phone or email, our email address is here: ey@edwardyoung.co.uk, and our phone number is here: 020 7499 2605. We are familiar with all aspects of probate.

Related services

• Contentious Probate solicitor
• Private Wealth Disputes
• Court of Protection
• Lasting Powers of Attorney
• Wills and Will Trusts