After a death, it is often necessary to obtain a Grant of Probate or a Grant of Letters of Administration. This is the document that gives the deceased’s personal representatives legal authority to deal with their affairs and wind up their estate. If the deceased left a Will, it will name executors. These are the people who are responsible for […]
How to obtain a Grant of Probate or Letters of Administration
Update on Probate Registry Delays
During the course of the pandemic, there has been a considerable backlog of probate applications at the Probate Registry. This backlog was actually an exacerbation of a situation that has been ongoing since 2017. The reasons are not that simple to explain. Staff shortages at the Probate Registry and other complications during the pandemic are understandable, but these should have […]
What Happens to Someone’s Bank Account When They Die?
When a person dies, the personal representative (PR) takes responsibility for the management of the deceased person’s estate which includes money, possessions and property and will also be responsible for the closure of bank accounts. If the PR has been named in a will they take on the role of the executor. How to find the bank account information of […]
New Flat Fee For Probate But Processing Time Is Much the Same
Probate is the legal right to deal with another person’s property, money and possessions after they have died. There are only certain people who are entitled to apply for probate. Who can apply depends on if there is a will present. If there is a will, executors who have been named in it may apply. If there is no will, […]
What is probate and estate administration?
When someone has died in order to realise their assets and pay any debts you need to apply for a document that gives you the authority to act on their behalf. This is known as the grant of representation. When there is a will it will appoint executors to act and these are the people who have to apply for […]
Do I need a grant of representation?
Whether or not a grant is needed depends on what assets the deceased person owned, and whether they owned them in their sole name. Where assets are owned jointly there will usually be no need to apply for a grant as the assets will automatically pass to the surviving joint owner. Where there is no property and only a small […]
Will I have to pay inheritance tax?
In England and Wales, inheritance tax (IHT) typically has to be paid when an individual’s estate is worth more than £325,000 when they died. We offer free initial advice and our fixed fee complete estate administration service deals with the question of inheritance tax and ensures that the appropriate exemptions are applied. The £325,000 figure is the current inheritance tax […]
What are the duties of the personal representatives?
The administrator can be held financially liable for any loss resulting from a breach of duty, even if a mistake is made in good faith. Being named as Executor in a Will or being appointed on intestacy can involve complicated, difficult and time-consuming duties which often take up to a year to complete. It is crucial to get everything right […]
What Are Timeframes For Probate?
Obtaining the Grant of Representation and administering an estate typically takes between 3-12 months to complete and can take longer where there is a property to sell. Every case is different but generally very straight forward cases can be concluded in as little as 3-6 months but complex cases can take over 12 months to finalise. We will keep you […]
What is intestacy?
If there is no will the estate may not be distributed as you would expect as there are strict rules that apply to determine who will inherit. What are the rules? When someone dies without a valid will there are strict inheritance laws, often referred to as the Rules of Intestacy, which apply in England and Wales. The Rules of […]
What happens if I die without making a Will?
If you die in England or Wales without a legally valid Will the intestacy rules govern who is entitled to receive your assets. If you have no living family members, everything will go to the Crown. Here is a simple guide to how the intestacy rules would distribute your estate if you died without a will. Married or in a […]
Why do I need to make a Will?
A will helps to protect your family’s future and ensures that you control how your assets pass after you die. By writing a will you have certainty that your wishes will be carried out and you can use it to appoint guardians for minor children and make known any specific wishes you many have in terms of individual gifts or […]