Probate Solicitors

An estate worth £1.5 million consisting of investments and a property, half of which was in a life interest trust for the surviving spouse who then died.  The siblings had fallen out and were unable to work together as Executors and therefore Myerson Trust Corporation was appointed as independent administrators by the court to resolve the issues, reduce the Inheritance Tax payable by claiming all the available allowances. We reviewed whether a Deed of Variation was necessary to further reduce the Inheritance Tax payable by potentially leaving a legacy to charity.

A £20 million estate involving various trusts for the surviving spouse, children from that marriage and pension trusts which are ongoing and being administered by the firm. The estate consists of a property portfolio and a business which our Corporate, Property, Employment and Litigation teams also provided support to.

An estate worth £2.5 million consisting of a farm property and a separate business on which Inheritance Tax was payable. We assisted the Executors with claims for Business Property Relief as well as Agricultural Property Relief and negotiated with HMRC to minimize the Inheritance Tax payable. There was also a significant Capital Gain on the sale of the property and we were able to utilise the individual beneficiaries’ tax allowances to eliminate the Capital Gains Tax liability of the estate.

In many straightforward cases, personal representatives may apply for a Grant of Probate or Letters of Administration themselves.

However, probate can quickly become complex, particularly where Inheritance Tax is involved, or where there are multiple assets, trusts, missing beneficiaries, or disputes between family members. If you're unsure, an experienced probate solicitor can help you avoid costly mistakes and delays. 

It's also common to wonder whether you need a probate solicitor specifically, or whether any solicitor can help. In practice, probate is a specialist area of law.

A probate solicitor focuses on applying for Grants of Representation (Grant of Probate and Letters of Administration), administering estates, and managing the legal and tax steps involved in distributing assets to beneficiaries. 

While other lawyers may be able to provide general legal advice, a probate solicitor is best placed to handle the day-to-day work that can arise during estate administration, such as dealing with HMRC, preparing and submitting the probate application, managing estate accounts, and supporting executors or administrators where there are trusts, Inheritance Tax considerations, or family disputes. 

If you're unsure who to instruct, our team can review your situation and confirm the most efficient next step. 

It's usually worth speaking to an estate administration solicitor as early as possible, ideally before you start gathering documents or preparing the application. You should consider professional help if you expect any complexity, such as: 

• a complicated estate (property, business interests, investments, or multiple accounts) 
• Inheritance Tax or HMRC correspondence 
• a Will that is unclear, missing, or potentially contested 
• disagreements between executors or beneficiaries 
• estates involving trusts or international assets 

If you want clarity on whether you can apply yourself or whether you should appoint a probate solicitor, our team can review your situation and advise on the most efficient next step.

To begin probate, your personal representative (the executor named in a Will, or an administrator where there is no Will) will typically need to provide a set of core documents.

Having these ready helps us move quickly with the Grant of Probate / Letters of Administration application and reduces avoidable delays. 

Common documents and information we ask for include: 

• An original Death certificate 
• The Will (and any codicils), if there is one 
• Details of the deceased's assets and liabilities (e.g. bank/building society statements, investment valuations, property details, loan statements) 
• Information for HMRC (where relevant), such as details about any lifetime gifts made by the deceased 
• Executor/administrator identification and authority details (so we can confirm who the personal representative is and their eligibility) 
• Any trust documentation (if the deceased set up any trusts during their lifetime) 
• Details of beneficiaries (including names and addresses) 
• If you're unsure what you have (or what you need), our probate solicitors can guide you through what to gather first, so you can take the next step with confidence. 

A Grant of Probate is an official document allowing the executors appointed under a Will to administer the estate. It requires the executors to have submitted information on the value of the estate's assets at the date of death and to pay any Inheritance Tax due, and it makes the Will a public document. 

For estates without a Will, an entitled person under the intestacy rules will need to apply for Letters of Administration instead.

Both a Grant of Probate and Letters of Administration are Grants of Representation.

A Deed of Variation is usually a document executed by individuals benefiting from a Will or the rules of intestacy.

It can redirect their inheritance to others. If done within two years of the date of death, it can be treated as if the deceased had requested it, making it a useful tool for mitigating Inheritance Tax. 

Probate costs can vary significantly depending on the estate's complexity and the work involved, so we can't quote a single fixed price for every probate matter. 

One of our probate solicitors will explain the likely fee structure for your situation, including what's included in our service and any additional costs you may need to pay (such as court fees and other third-party costs). We are always transparent about our fees and will provide clear cost updates as your probate progresses. 

We can offer fixed-fee probate services in certain circumstances. To discuss your case and receive an estimate, please contact our team. 

Please click here for details of our service costs. 

Following a death, it is important to ensure that, if the deceased had a Will, it is located; otherwise, the rules of intestacy may apply.

It is also important to ensure that the most up-to-date Will is located. Locating the last Will can sometimes be difficult, as Wills in England and Wales are not required to be registered anywhere.

However, it is possible to search for a Will on the Law Society's preferred Will register, the National Will Register.

For a small fee, they will search the register itself and, for an additional fee, extend the search to solicitors and Will writers nationally.

They can also provide a quote for insurance in the event that the estate is distributed incorrectly, as personal representatives are personally liable. 

If the deceased had a Will, the executors apply for a Grant of Probate. If several people are named as executors, some or all of them can apply. 

If the deceased died intestate, only the persons entitled under the intestacy rules can apply for Letters of Administration.

Estate administration involves several stages, and the exact timeline depends on the assets involved and how quickly third parties respond (for example, banks, insurers, and property or business counterparties). In most cases, the first step is to gather full details of the deceased's assets and liabilities as at the date of death, which typically takes several weeks. 

Next, your probate solicitor will calculate the estate's value and whether IHT is due. If the estate is liable to IHT, an IHT return will be required, and the tax (or the first instalment) must be paid before HMRC will issue confirmation so the matter can progress with the Probate Registry. This HMRC stage can also take several weeks. 

Your probate solicitor will then apply for the Grant of Probate or Letters of Administration.   

Once the Probate Registry has issued the grant, the executors or administrators can collect the assets and discharge any outstanding liabilities, including any tax to the date of death and during the estate administration, before distributing the estate.

This stage can take a 6-12 weeks if the deceased's affairs are straightforward and consist of simple assets, such as bank accounts.

If the estate consists of property or a business, it can take much longer to find a buyer. Typically, an estate administration can range from around six months to a year but may take longer if the estate is more complicated or there are disputes. 

Where there are probate disputes, claims, or complications, such as disagreements between executors, challenges to the validity of a Will, or an intestate estate where the rules of intestacy apply, additional steps may be needed before the grant can be applied for or the estate can be distributed.

Our team helps you manage these issues carefully, so the administration stays on track and beneficiaries are protected.

Assets passing to certain categories of people are exempt from IHT (most commonly a spouse or charities). Certain exemptions are also available for various assets, including businesses and farms under a certain value, if the necessary requirements are met. 

Each individual then has a tax-free band known as the Nil Rate Band (NRB), which is currently £325,000. The NRB is transferable between spouses. In addition, if certain criteria are met, there is the Residence Nil Rate Band (RNRB), introduced in April 2017 and currently £175,000, which is also transferable between spouses, bringing the potential total exemptions for a married couple with children up to £1 million before the excess estate is taxed at 40% (or 36% if enough of your estate is left to charity).

There are many grounds on which a Will can be contested. If the Will is contested on the grounds of validity, those issues must be resolved before the Will is proved at the Probate Registry.

If a Will is contested on the basis that reasonable provision has not been made under the Inheritance (Provision for Family and Dependants) Act 1975, the person challenging the Will has six months from the date of the grant to make a claim.

It is advisable for the executors to wait ten months and one day before distributing the estate, as an application can be made within six months, but the individual has a further four months to serve the claim.

Any distribution before that time means the executors are at personal risk.

Most financial institutions initially require a death certificate to register the death.

To close the account/investment, financial institutions will usually require either a grant and a signed authority form from the personal representatives, or a signed declaration and indemnity if a grant is not required.

The funds should then be paid into a separate executors' account, and estate accounts should be prepared to account to the beneficiaries of the estate.

Personal representatives should verify the identity of the beneficiaries or the class of beneficiaries, and checks should be made to confirm that the beneficiaries are not bankrupt.

In many cases, yes. Where a Will does not carry out the deceased's true intentions, two routes are commonly used: rectification and construction, depending on the circumstances. 

Rectification of a Will 

Under section 20 of the Administration of Justice Act 1982, the court can order the rectification of a Will where it fails to reflect the deceased's intentions because of a clerical error, or because the person preparing it did not understand the deceased's instructions or intentions. 

Rectification effectively amends the affected part of the Will so that it says what the deceased intended it to say. The court's role is not to rewrite the Will, but to correct mistakes that have prevented the deceased's intentions from being properly recorded. 

There is an important time limit with these claims. An application for rectification is normally made within six months of the grant of probate. Although it may be possible to apply later with the court's permission, acting promptly will usually help protect your position and ensure assets are not distributed on the wrong basis. 

Construction (Interpretation) of a Will 

Where the problem is not a mistake as such but genuine ambiguity, the words of the Will may be capable of more than one interpretation. In those circumstances, the court can be asked to determine the correct meaning of the relevant provision. 

Depending on the circumstances, the court may consider evidence outside of the Will to establish the deceased's intent. The court will apply established rules of interpretation to ensure the clause is read consistently with the document as a whole and, so far as possible, the testator's intentions. Construction claims can often resolve disputes between beneficiaries without challenging the validity of the Will.