Probate and Administration of Estates

We understand that the loss of a loved one is a difficult time, but there are legal processes which need to be followed in order to administer someone’s estate as efficiently as possible.  These will differ depending on whether someone died with or without a will, and will also depend on the amount of money in their estate.  We are able to offer you detailed advice on these processes and assist you with the administration in a sympathetic yet efficient manner.

When a person dies leaving a will, it is generally possible for those appointed as their executors to deal with the necessary arrangements for the estate administration efficiently and in accordance with the wishes of the deceased.

When a person dies without leaving a will, they are said to have died intestate. This means that there is a statutory order of persons who are entitled to deal with the estate administration and this order should usually be followed.  That person will have comparatively limited power to deal with the estate until they have received a document from the court called a “grant of letters of administration”. 

It is, in fact, set out in statute who the beneficiaries are to an intestate estate.  There are, for example, limits placed on the amount that a surviving spouse can inherit, particularly if a couple have children.  Also, unmarried partners are not included in the statutory list of beneficiaries.  The limitations placed on administering an intestate estate can be severe and the final outcome may well not reflect the  family’s wishes.  We can offer detailed advice on how best to administer an estate, whether with a will or without.

We can help you with :-

• General advice.
• Funeral arrangements.
• Property clearance.
• Insurance on unoccupied property.
• Completion of inheritance tax account and payment of tax due.

A great deal of information about the value of a deceased person’s estate can be required by HM Revenue & Customs.  If a person has died leaving an estate on which inheritance tax is due then a detailed form must be completed.  If there is no tax due, there is still a shorter tax form to fill in.

We can obtain the necessary valuations and  complete the required tax form.  We can also advise on how best to discharge any outstanding tax burden from the estate.

• Application for grant of probate or grant of letters of administration

This is the formal application to the Probate Registry to obtain the relevant grant.

The grant is the court document required by most financial institutions before they will release funds in the estate to a personal representative.  

If there is a valid will, the application will be for a grant of probate.  If there is no will, the application will be for a grant of letters of administration. 

If there is an inheritance tax liability, it will be necessary to obtain a clearance certificate from HM Revenue and Customs prior to making the application to the Probate Registry.

We can also provide advice and assistance in:

• Gathering in of assets.
• Discharging debts/liabilities due from the estate.
• Finalising income tax position of deceased.
• Locating missing beneficiaries.
• Distribution of estate according to the will or intestacy rules.
• Preparation of estate accounts for personal representatives.

We are also able to assist with ongoing work once the estate administration is concluded such as:-

• Creating and administering trusts.
• Advice to beneficiaries on tax planning.
• Referral to an independent financial advisor.
• Advice to beneficiaries on the preparation of a new will.
• Preparation of deeds of variation.

Even after someone has died it may be possible to mitigate the inheritance payable on their estate by varying the terms of their will with the consent of relevant beneficiaries.  This must be done within 2 years of death.