Our experienced Probate solicitors deal with matters sensitively and efficiently
Probate is the formal legal process of dealing with somebody’s assets after they have died. Our probate solicitors are able to help you with this process.
This is the role of the Personal Representatives (PRs). The role of PRs can be onerous and carries a large amount of responsibility and liability. Failure to deal with an estate properly can cause unexpected financial and practical difficulties for families in the future. Our expert Probate Solicitors can carry out the necessary actions for you to prevent a potential dispute occurring in the future.
Therefore, getting the right advice early on in the process is vital.
Our Probate solicitors have experience in dealing with a variety of estates including those with large and complex asset arrangements. We aim to deal with matters as sensitively and efficiently as possible to avoid unnecessary stress at a difficult time.
Our services range from supporting you in dealing with probate to dealing with the whole administration ourselves.
The principal tasks are:
- Gathering information about the assets and liabilities of the deceased
- Preparing the Inheritance Tax Account and budgeting for tax liabilities
- Making the application for the Grant of Probate
- Realising the deceased’s assets
- Distributing the estate
However, we are also able to help you with:
- Applications for emergency Grants in order to protect the estate
- Setting up Will Trusts and advising how they may benefit your family
- Keeping coherent records and producing accurate accounts
- Considering capital gains tax liabilities which may arise within the estate and how to mitigate these
- Dealing with income tax during the administration period
- Locating missing beneficiaries and protecting yourself against unknown creditors
- The sale or transfer of shares where the share certificates cannot be found
- Dealing with foreign assets and arranging for the translation and legalisation of documents for use abroad
Unfortunately, sometimes a death can lead to disputes. Our experienced Probate Disputes Team can deal with challenges to the will and claims against the estate.
Why Choose Myerson Wills Solicitors:
- Bespoke Legal Advice
- The Society of Trust and Estate Practitioners (STEP) Qualified Solicitors
- Home Visits Available
- Friendly & Personal Service
- No Hidden Fees
Examples of our recent work include:
- Acting as sole Executor of a £3m estate with a controlling interest in a property company and involving a number of lifetime trusts.
- Applying for a Grant for a deceased who died intestate overseas owning property in London and continual management of the property portfolio.
- Advising in relation to a Will Trust which had not been dealt with for over 6 years in order to ensure the family could benefit from the trust and retain the transferable tax threshold for the deceased’s widow.
- Obtaining an emergency Grant for the estate of a sole director/shareholder who died unexpectedly to ensure that the company could continue to operate whilst the probate process was ongoing
You may also like to complete our Probate Questionnaire.
Frequently asked questions
What is a Grant of Probate?
When somebody dies the person entitled to manage the estate must obtain a Grant of Representation from the Probate Registry. This is an official document which proves the individual’s authority to deal with the Deceased’s assets so that they can be distributed amongst the beneficiaries.
There are many types of Grants of Representation. The three most common are:
- Grant of Probate: where the Deceased left a valid Will appointing certain people as his/her Executors
- Grant of Letters of Administration with Will annexed: where the Deceased left a valid Will but did not appoint an Executor or the appointment has failed because the individual is unable or unwilling to act
- Grant of Letters of Administration: where the Deceased did not leave a valid Will.
Do I need a Grant of Probate?
Many people believe that when somebody dies, the Will is enough to prove a beneficiary’s ownership of the assets of the estate. This is not true. Usually, assets which are in joint names pass automatically to the surviving owner.
Otherwise, some action is required by the Personal Representatives to transfer the assets into the name of the beneficiary. Most of the time this requires a Grant of Probate or Letters of Administration (“a Grant”).
For example, most banks or building societies will not release the funds in a Deceased’s account if those funds are above £10,000 unless you are able to provide a Grant. If the Deceased owned property the Land Registry will not be accept any instructions to deal with his/her interest in the property unless a Grant is provided.
Who can apply for a grant?
Who is entitled to apply for a Grant depends on who is entitled to manage the estate.
Where There is a Valid Will
If the Deceased left a valid Will which appoints certain people to be his/her Executors then those individuals (up to a maximum of four) may apply for the Grant. If the Will appoints more than four people, those individuals must decide between them who would be the best people to deal with the estate.
However, if all of the named Executors have died, or unwilling and or unable to act the right to apply for the Grant falls to the person entitled to the residue of the estate under the Will.
Where There is No Valid Will
Where the Deceased did not leave a valid Will, the person in charge of managing the estate will be whoever is entitled to inherit the bulk of the estate under the Intestacy Rules. However, if they do not wish to act or they cannot act for any reason, they can renounce the position and it will fall to someone else entitled under the Intestacy Rules to deal with the Deceased’s assets.
If more than one person is entitled to share in the estate in the same category (for instance, a number of children) then the grant is issued to the first person to make a valid application.
Where the people entitled to administer the estate are children, their parent or guardian can apply for the Grant on their behalf and for their benefit but at least one other person must be appointed as well.
Our Probate Solicitors Service Areas:
How We Can Help
A member of our specialist team will be happy to help.
To discuss Probate Solicitors issues, please either use the contact form on the right, email us at firstname.lastname@example.org or call us today on +44(0)161 941 4000 to speak to a member of our team.