Probate

We recognise that dealing with the estate of a loved one can be a daunting prospect, we are here to advise and assist.

Whether the deceased left a Will or not it will be necessary to apply for a Grant to access bank accounts, sell investments and property, before the estate can be distributed to beneficiaries.  It may also be necessary to pay inheritance tax if the estate is above the tax thresholds, there may also be income tax and capital gains tax to pay.  The person administering the estate will become personally liable for any tax due.

What is Probate/Grant of administration?

Probate/administration are the terms for the process required to obtain the Grant to be able to deal with a deceased’s person’s estate and access estate assets.  The procedure is the same whether there is a Will or not but the terminology will be different.

Executor or Administrator?

If the deceased person left a Will, those named as Executors will be entitled to obtain the Grant of Probate. It is not obligatory, if you are named as an Executor but do not wish to act, there are options available to you.

In the absence of a Will (intestacy) there is a strict order as to who is entitled to deal with the estate.  The order is governed by those entitled under the intestacy rules, who will be an Administrator and will be entitled to a Grant of Administration.  it is highly recommended that advice is sought to ensure the correct person or people apply for the Grant and that the estate is distributed correctly.

If there is a Will, but is does not contain a valid executor appointment, then the beneficiaries of the estate are entitled to apply for a Grant of Administration.

Why use Rose & Rose Solicitors?

We can handle all aspects of the administration on your behalf or just assist in obtaining the Grant of Probate. We can advise on the validity of the Will or how the estate should be distributed if there is no Will.

Sally-Ann Joseph is a full accredited member of Solicitors for the Elderly.

We can provide you with a fixed fee for this service so you will know exactly what costs you will need to pay.

For further information, please contact a member of our team below or email info@roselegal.co.uk