Probate

The death of someone close to you is always a difficult time, and a sympathetic and helpful ear can make all the difference. We can deal with as much or as little of the necessary paperwork as you want us to, and are always ready to offer advice and assistance with what needs to be done, and the best way forward.

What is probate?

When someone dies leaving a Will, that Will is sent to the Probate Registry and they issue a grant of probate. This is the document which allows the people named in the Will as executors to deal with all the deceased’s assets and liabilities.

If someone dies without a Will, the same process is followed except that the grant is called a grant of letters of administration, and can only be obtained by specified family members.

Who inherits?

If there is a Will, it is the people or charities named in the Will.

If there is no Will, the Intestacy Rules set out which family members inherit. Unmarried partners and stepchildren are not included in the Intestacy Rules. Same sex partners are not included unless in a civil partnership with the deceased.

What about inheritance tax?

This is payable on assets above what is called the nil rate band (currently £325,000) at a flat rate of 40%. For couples, each person gets this allowance so the joint allowance is £650,000. There are often things that can be done to reduce or remove the inheritance tax payable, but this is a complex area and legal advice is essential. There are also a number of exemptions that apply to inheritance tax.

What does it cost?

Probate costs vary from case to case, and are paid from the assets of the deceased. We will discuss this with you at the time and will always give you a written estimate of the costs.

What if there is a dispute?

It can sometimes be difficult to be rational in the aftermath of a death, and it is easy for long-held suspicions and disagreements to reappear. Disputes can arise because the Will does not provide for someone who expected to be included; or because the Will is alleged to be faulty or fraudulent; or because there is no Will and the Intestacy Rules do not include those who expected to inherit; or for a host of other reasons.

Our lawyers are experienced in probate disputes, and include a member of the Association of Contentious Trust and Probate Specialists (www.actaps.com). If you would like to discuss your needs on a no obligation basis, please contact a member of our team.