Frequently Asked Questions

Probate is the legal process of dealing with someone’s estate after they die. It is often needed when there is property or significant savings. We will explain whether probate is required in your situation and what steps are involved.

Our basic service includes the preparation of the Inheritance Tax Return and guidance on the payment of any liability and the application for the Grant. We can also help you with the administration of the Estate so that assets are liquidated and paid directly to the Executors for onward distribution or we can arrange for assets to be paid into a client account and then make payments to beneficiaries and prepare Estate accounts.

Timeframes vary, and it will depend on the amount of different assets involved and their complexity. It also depends on third parties such as HMRC and The Probate Registry. We keep you updated, manage the financial and tax aspects efficiently, and aim to reduce delays where possible.

Not every estate requires Probate. Assets held in joint names pass automatically to the survivor. An exception to this rule is where property is held as tenants in common in which case they are treated in the same way as solely held assets and pass according to the Will in which case probate will be required. We'll explain whether it is needed and what the next steps are.

Yes. We can provide as much or as little support as you need from the actual application for the Grant to a full Estate administration service.

Intestacy occurs when somebody dies without a valid Will. In such cases the Estate passes according to the laws of intestacy which generally depend on which family members survive the Deceased. Intestacy does not change the need for the Grant (in such cases termed Letters of Representation) or the need to submit Inheritance Tax Returns and we can assist you in the same ways as if a valid will has been left.

No, we cannot deal with that aspect. We are only authorised to deal with non-contentious probate. We can however refer you to a solicitor that deals with contentious probate and we can deal with the non contentious issues of the case such as the preparation of the Inheritance Tax Return and administration of the Estate.

A Deed of Variation is when the beneficiaries decide that they wish to alter the terms of the Will. Amongst the reasons for this would be to pass assets down a generation, to reduce tax or to provide for somebody who has been left out of a Will. It must be agreed by all beneficiaries whose entitlement is being reduced.