Coping with the death of a loved one or close friend imposes great strains on you and your family. At Burt Brill & Cardens Solicitors in Brighton, we can help look after the legal aspects while you grieve – helping ensure 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”
Guide for Executors
If you are Executor of a Will, we have prepared a guide below to help you understand your role and avoid the problems that can fall on Executors:
- What is Probate?
- The Probate Process
- How Burt Brill & Cardens can Help
- Probate Services
- How Much Does Probate Cost?
- How Long Does Probate Take?
- Receiving an Inheritance?
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 responsible if anything goes wrong.
If debts are left unpaid, you will be expected to settle them yourself. You will face 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.
To talk to us about protecting yourself in your role as Executor, call 01273 604 123.
Sometimes if there is no Will, there is a greater burden on those responsible for sorting out the estate. The Administrations of Estates Act 1925 dictates how the estate should be distributed by the closest surviving relative.
Wills and Probate: How can we help?
We can help take the weight off your shoulders, whether this involves assisting you with legal terms or taking over the whole case. We will help you understand what to do with a Will when someone dies including if a parent dies – we have years of experience helping people with Probate.
Even if you just have a question you’d like to put to the experts, we’d be happy to help. The best thing to do is to speak with us as soon as possible.
We make no charge for talking to you about your enquiry, so please call us now on 01273 604123 or email us at firstname.lastname@example.org .
Since the Firm was founded in Brighton over 100 years ago we have looked after families, in some cases over three generations. We have a deep 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.
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.
Executors and beneficiaries are sometimes concerned with the time it takes for an estate to be dealt with and the cost involved. We will explain clearly at the beginning of the process how much we will charge, providing an estimate as soon as the details of the state are known. If you are worried about costs, ensure you ask about our special fixed price probate service.
How Long Does Probate Take?
The time that probate takes varies. Our aim is to provide a personal probate service and to deal with all probate and administration matters as speedily and efficiently as possible. We will provide an estimate of timing – keeping you regularly updated on our progress and whether anything from you is required.
We pride ourselves on advising clearly at all stages on both the simple and more complicated aspects of probate.
Receiving an Inheritance?
If you have or are about to receive an inheritance then talking to us could enhance your financial situation when it comes to planning for your future. We are experienced in connecting people with Financial Planners, who are regulated by the Financial Services Authority, and can provide fully independent advice on all aspects of savings and investments.
We provide a home visiting and an out-of-hours service in Brighton, the Sussex area and beyond if required. Making no charge for your initial enquiry, we are able to lay out what we can do to help your individual situation upon subsequent meetings.