Help with the first steps following a death
We can help you from the earliest point if you’re confused and unsure what first steps to take following the individual’s death. Our probate solicitors will advise you on the practicalities that you need to address first, such as registering the individual’s death, establishing whether or not they left a will, and securing their property.
Initial phone consultation
You can get in touch with our probate solicitors for a free initial phone consultation, which gives you the opportunity to talk through your circumstances with us and identify the best next steps. You can then decide, free of obligation, whether you would like us to continue to help you.
Did the individual leave a will?
One of the first things you’ll need following the death of a loved one is the legal right to deal with their property, money and possessions. If they left a will, their executors usually need to obtain a Grant of probate to gain access to their assets, which will then allow them to be distributed according to the wishes in the person’s will.
What is the role of an executor?
The executor’s role is to manage the estate of the deceased. Their responsibilities include realising the assets of the individual (which simply means converting them to cash) and settling any outstanding liabilities that they had. They can then distribute the remaining assets to the beneficiaries in the will, according to the wishes of the Testator.
It is the legal right of the executors to sell, encash or transfer the assets of the deceased. They will need to use the proceeds of the estate to settle any charges such as inheritance tax and outstanding debts and liabilities, along with funeral expenses.
What happens if the deceased didn’t leave a will?
If the individual died without leaving a will, they are referred to as ‘Intestate’. This means that the Intestacy rules apply which dictate how to distribute their Estate. One important step is that someone must apply to the Probate Registry to obtain authority to administer the estate known as ‘Letters of Administration’.
Help with the estate administration process
Estate administration can be difficult and time-consuming, especially if you’ve never had to do it before and you’re still coming to terms with your loss. Our probate solicitors help you to understand the process and provide expertise to deal with the practicalities.
We’re on hand to make sure that any complications arising from the death can be dealt with, whether or not the individual left a will. We can also advise on inheritance tax and how to minimise liability with IHT exemptions and relief. At all times, we will work with compassion and make sure that any inconvenience you experience during the process is minimal.
Our probate solicitors can assist you to apply for the Grant of Probate to enable you to administer the Estate and handle any paperwork that comes in from HMRC, collect any assets, oversee liability payment and help to prepare the Estate’s accounts for their distribution to beneficiaries.
Our Services
The type of work that will be undertaken during the Administration of an Estate varies but to assist you at this difficult time the work routinely conducted includes:
– Assignment of a dedicated and experienced solicitor to work on your matter. An interview with you to advise on the terms of the deceased’s will/intestacy provisions, identify the Executors/administrators and discuss the duties and powers of personal representatives. Identify the Beneficiaries.
– Advice & assistance with practical measures such as registering the death, arranging the funeral and securing the property (if necessary).
– Obtaining valuations of the estate assets and liabilities.
– Making enquiries and obtaining full details regarding the deceased’s pension and lifetime gifts.
– Consider and calculating (where applicable) any liability in respect of Inheritance Tax or Capital Gains Tax.
– Identify the type of Probate Application required and drafting the application for Probate or Letters of Administration, overseeing signing and filing the documentation with the relevant Probate Registry.
– Collection in of assets and settlement all outstanding liabilities by liaising with relevant third parties
– Advertising for creditors if appropriate.
– Settlement of the deceased’s income tax and/or capital gains tax position to date of death.
– Liaising with beneficiaries regarding payment of legacies and/or interim distributions to legatees and/or residuary beneficiaries.
– Preparation of Estate Accounts detailing transactions in the administration of the estate.
– Settlement of the deceased’s income tax and/or capital gains tax position for the administration period (ie date of death to completion of the administration of the estate).
– Report to Trustees and beneficiaries throughout the administration of the Estate and at its conclusion.
TIMESCALES:
The timescale to complete an Administration of an Estate vary depending on the complexity of the Estate and sometimes unforeseen factors. We try to expedite matters to ensure that all steps are undertaken swiftly but diligently and, on average Estates are dealt with within 3-6 months.
On average, the timescale from taking initial instructions to applying for the Grant of Probate/Letters of Administration is 6-10 weeks.
The timescale for collecting in the assets and settling liabilities of the deceased is determined by a number of factors including the number and complexity of the assets, although we estimate on average it will take between 10 – 30 weeks to finalise the estate.
Once the collection of assets and payment of liabilities is complete, the timescale to prepare an estate account (a detailed account of the assets received, funeral, testamentary expenses and debts paid and any specific legacies and calculating the residuary estate for distribution) to the distribution of assets to beneficiaries normally takes 2 – 4 weeks.