Coping with the death of a loved one or close friend can impose great strains on you and your family. At Burt Brill & Cardens Solicitors, we can help look after the legal aspects while you grieve – helping ensure that the Executor of the Will has the support they need to comply with the provisions of the Will and the legal & tax requirements.
“As always, an excellent service from David, who manages to combine solid legal advice with a very human and understanding approach”
What is Probate?
Probate is the legal process where the estate of the person who has passed away is administered in accordance with a valid Will.
In some cases, probate is not necessary. For example, if a wife leaves everything to her husband, everything will automatically pass to him. It may though still be necessary to tell the Revenue about the financial position.
How Does Probate Work?
Probate can be very simple or very complex, depending on whether or not the deceased left a Will. For the majority of cases, the probate process is a necessary responsibility for the ‘Executor’ – the person named in the Will.
The Executor must calculate how much the estate is worth and then apply to the Probate Registry for a grant of probate. If the estate is large enough, he or she must pay Inheritance Tax before they receive the Grant and swear an oath for the court.
After about one month, he or she will receive the Grant of Probate and will be able to deal with the assets, closing accounts, transferring assets, dealing with property and also paying off debts.
An Executor is under strict legal obligations to ensure that the debts of the deceased are dealt with. Once all that has been done then the remaining assets can be distributed in accordance with the Will.
For the Executor, this process takes a significant amount of time, cost and stress. You will be held responsible if anything goes wrong.
If debts are left unpaid, you will be expected to settle them yourself. You might find yourself faced with reams of paperwork and legal jargon at a time where you are trying to cope with grief.
Many people decide it’s easier, cheaper, more professional and quicker to employ a probate solicitor to do the work for them.
We can provide support in all of the following areas if required:
- Assistance with the funeral arrangements
- Income tax return
- Arranging valuation of assets in the estate
- Obtaining the grant of probate or administration
- Inheritance tax on assets
- Capital gains tax return for the period during which the estate is being dealt with
- Advising whether any tax savings are possible
- Arranging sale or auction of assets
- Arranging payment of any debts
- Advising on and dealing with the sale of any property
- Collecting in and distributing the assets amongst the beneficiaries
- Executor’s income tax return
Probate and administration matters vary considerably in their complexity. Whatever the size of the estate, from a few hundred pounds to many millions, we can deal with it, and help the Executors comply with legal obligations.
Speak to a Probate Solicitor today
Since the Firm was founded over 125 years ago we have looked after generations of families. We have an expert understanding of the things you need to do when someone dies, but we also have a personal and caring touch.
It is important to us that we make you feel comfortable and take as much of the stress as possible out of the situation. Our sympathetic and friendly probate experts can help with all matters concerning the granting of probate – from simple estate to large, complicated cases.
We will explain clearly what is involved – and what services we can provide when dealing with an estate.