Probate in-depth

The property, money and possessions left by someone after their death is called their ‘estate’. The process of probate ensures that the estate is distributed in the way that the deceased stipulated and that the necessary debts, taxes and bills are paid from the estate.

To begin the probate process, one of our advisers will need to obtain a ‘grant of representation’ for you, which proves your authority to administer the deceased’s estate. Without it, the process will not be able to move forward. This stage will also be affected by whether or not the deceased left a will.

If there is a valid will in place, this will name the appointed executor(s) who will need to obtain a ‘grant of probate’.  If there is no valid Will, the legal next of kin must apply for a ‘grant of letters of administration’.

Our advisers are able to handle the probate probate process from start to finish. We work closely with our solicitors, who will also assist you through the process. We would usually advise you to use a professional executor if:

• There are multiple assets such as bank accounts and savings, shares, bonds and investments
• There are liabilities such as mortgages, loans or credit cards
• A property is to be sold or conveyed
• The estate is of a high value
• If the deceased had a business or was a director/partner in a business
• The estate involves agricultural property, family trusts or large gifts to under 18s
• There may be a claim under the Inheritance (Provision for Family and Dependants) Act 1975 by someone who feels unfairly treated by the will, or by the rules of intestacy
• The will is poorly drafted or beneficiaries cannot be traced. 

Our solicitors will go through the registration and deal with any estate debts, relieving you of the stress that could be involved.