Inheritance Tax Exemptions You Should Be Aware Of
Chartered Legal Executive, Adele McCabe, outlines the inheritance tax exemptions that could be useful if you are looking to start ...
Read MoreWills and Probate
Probate and Estate Administration
When someone dies leaving money or property, there’s often a lot of work involved to settle their affairs. It can all be a bit overwhelming, especially when you are grieving - There's no need to wait until after the funeral to make the initial contact, and there may be advice or reassurance we can give you early on.
Request a Callback
What is Probate?
Probate is the process of proving who has the authority to deal with an estate. An estate is a mixture of land, bank accounts, and personal possessions owned by the deceased. Probate is the term for the authority granted by the Court when there is a Will appointing executors to handle the administration of an estate.
Where there is no Will, the process is the same as when the deceased dies leaving a Will; however, the terminology is different, and the people who handle the estate are known as Administrators. There is a list prescribed by law detailing who can act as an administrator in the event there is no Will.
If someone dies without leaving a Will they are said to have died intestate. To prove that they have the authority to deal with the administration of the estate, the administrators will ask the Court to grant them what is known as Letters of Administration. The difference in terminology is that if you are appointed by a Will, you are known as Executors, and if there is no Will, you are known as Administrators. The role is that of a Personal Representative.
Not everyone requires a Grant of Representation or ‘probate.’ To find out if you need a Grant of Probate, please get in touch with us on 020 8865 1565 and speak to a member of the private client team.
There are two ways we can act for you when a Grant of Probate is needed. We offer a Grant Only service and a Full Administration Service.
Probate – Grant Only
For the Grant Only option, Amphlett Lissimore will complete any inheritance tax forms to be submitted to HMRC based on the instructions you provide to us. We will then apply for the Grant of Representation (Probate), leaving you free to complete the remainder of the administration.
Probate – Full Estate Administration
We can help you with all of this, whether we have been appointed as executors or not, and whether or not we drew up the will. Call us on 020 8865 1565 to arrange a call with our probate and estate administration team or learn more in our blog.
We can help you by:
- Advising and explaining the terms of the will
- If there is no will we can advise on who will be entitled to inherit the estate
- Applying for Probate, Grant of Probate – Obtaining a grant of representation from the Probate Registry. This is the official authorisation for executors or administrators to deal with the estate
- Identifying and valuing assets in the estate
- Preparing a tax return for HM Revenue & Customs
- Paying any taxes due
- Preparing accounts to show what the estate consists of and how it is to be divided up
- Distributing property and money to the beneficiaries
We can also advise whether any tax can be saved by an agreement to alter the way the estate is divided – click here for more about inheritance tax.
We will tell you what has to be done to administer the estate and how long it is likely to take. Moreover, we will keep you fully informed of progress towards the final distribution of the assets.
You will be given an estimate of our fees and other expenses before we start work, and if additional costs may have to be incurred, we will always advise you first.
About our Private Client team
The Private Client team at Amphlett Lissimore have in-depth specialist knowledge in probate and estate administration and can help guide and support you through the process. Our friendly solicitors will put you at ease, explaining everything clearly without legal jargon. The Wills and Probate team include an accredited Lifetime Lawyer (formerly known as Solicitors for the Elderly) and a member of STEP (Society of Trust and Estate Practitioners).
Our Private Client lawyers are based in Crystal Palace, Bromley, London Bridge, and West Wickham, and we offer face-to-face meetings, telephone and video call appointments. Call us on 020 8865 1565 to arrange a call with our probate and estate administration team.
Head of Private Client
Akilah McEwen
Partner | Head of Private Client
Need to talk?
If you would like to discuss our probate service or book an appointment with us, please get in touch, or request a callback.
Accreditations
What our clients say
Including Pets in Your Will – What you need to know
Wills Executive, Judith Hurle discusses the provisions needed in your Will to protect both your pet and the beneficiary of ...
Read More
How does divorce affect my Will?
Chartered Legal Executive, Katie Brett discusses the optimum time to address your Will during divorce proceedings....
Read More
What to Consider Before Gifting a Property
Partner and Head of the Private Client Team, Akilah McEwen, explains gifting a property and what needs to be considered ...
Read More