Specialist Probate Law solicitors

We understand that is it difficult to sort out all the paperwork when you are coping with the death of a loved one. Whatever the value of someone’s estate, our Probate, Trusts and Wills Team can help you through the legal process. Our experienced probate solicitors can advise you about Inheritance Tax (IHT) if appropriate, and sometimes it is possible to reduce its impact, even after someone has died.

What is Probate?

“Probate” can be 2 things. It is the general term used to mean the process of dealing with the affairs of someone who has died. More specifically it is the authority issued by the Probate Registry to the Executors to allow them to administer and distribute the estate according to the terms of the Will.

Who are the Executors?

The Executors are the people appointed by the Will to deal with the administration of the estate.

What is an administrator?

This is the person who must deal with the administration of an estate where there is no Will.

Who are the Personal Representatives?

This is just another name for Executors or Administrators. They are ofter referred to as “PRs”.

What is the Grant of Representation?

This means either the Grant of Probate (where there was a Will which appointed an Executor), or Grant of Letters of Administration (where there was not). It is a legal document issued by the Probate Registry to the Executors or Administrators of an estate, authorising them to deal with the estate.

What is intestacy?

This is when there is no Will. The law sets out who will benefit, and who has to deal with the administration of the estate.

What is the Probate Registry?

This is a branch of the Court which deals specifically with the administration of estates.

What is an Estate?

Somewhat confusingly, there are two definitions of “Estate”.

The Estate for Inheritance Tax is the sum total of a person’s possessions, including their house, car, bank account, stocks and shares, and personal belongings, and their share of any joint assets.

The estate for Probate purposes is usually only assets held in the deceased’s own name as these are the only assets which are controlled by the Will.

I am an Executor/Administrator, what do I do?

This job can be divided into 3 roles:

Protect and Preserve the estate

The PR must ensure that the assets are available for distribution. This includes securing and insuring any property; notifying all financial institutions to freeze the accounts; cancelling ongoing payments if necessary; taking whatever action is required to prevent the value of the estate reducing.

Apply for the Grant of Representation

In order to apply for the Grant of Representation, the PR needs to provide details of the value of a person’s estate and pay any initial Inheritance Tax. The PR must arrange for all assets and liabilities of the estate to be valued to reach a net figure on which Inheritance Tax can be calculated. All Inheritance Tax on assets other than land and some business assets must be paid before applying for the Grant of Representation. Once this has been calculated, the PR will swear an oath confirming the value of the estate, whether Inheritance Tax is payable, and that they will distribute the estate correctly. If all is in order, the Probate Registry will then issue the Grant.

Distribute the Estate

The PR must then collect in the assets, and distribute either according to the terms of the Will, or rules of intestacy. The PR must also ensure that all debts are paid, and that all taxes (including any charge incurred before death) have been settled. Only once all liabilities have been settled can legacies be paid and the estate distributed. It is advisable to maintain estate accounts to show what has been received, and how it has been distributed. The Court can request sight of these estate accounts if necessary.

This is only a quick guide to Probate and is not intended to be a substitute for specific advise tailored to your needs.

Our team is happy to arrange appointments at any of our offices or alternatively at your home, place of business, in hospital or your care facility. For more information on probate, trusts & wills contact the PTW Team on:

Brighton Tel: 01273 775533
Email: brighton@mayowynnebaxter.co.uk

Eastbourne Tel: 01323 730242
Email: eastbourne@mayowynnebaxter.co.uk

Lewes Tel: 01273 477071
Email: lewes@mayowynnebaxter.co.uk

Hailsham Tel: 01323 840616
Email: hailsham@mayowynnebaxter.co.uk

Seaford Tel: 01323 891412
Email: seaford@mayowynnebaxter.co.uk