Losing a loved one is undoubtedly one of the most difficult and emotional experiences a person can go through, and the added responsibility of managing their estate can often feel daunting and overwhelming. The process of probate and estate administration can be complex and time-consuming, requiring careful attention to detail and adherence to legal requirements. At such a challenging time, our team is here to offer compassionate and professional support, guiding you through every step of the process with sensitivity and expertise.
We understand the emotional strain that comes with the loss of a loved one, and our goal is to ensure that the probate and estate administration process is as smooth and stress-free as possible. Whether you need help with the full administration of the estate or assistance with specific tasks, we are here to help. From notifying asset holders and applying for the Grant of Probate to managing any outstanding debts, settling taxes, and distributing the estate’s assets, our team can handle the complexities, allowing you to focus on what matters most during this difficult time.
If you’re dealing with probate, intestacy, or estate administration, please call us on 0203 924 8462 or fill in our contact form. Our experienced solicitors provide clear, practical advice.
We can assist wherever you are based.
Most probate applications for deaths after January 2022 can now be submitted online via the HMCTS portal. We can assist with completing the relevant tax forms, drafting and submitting the legal statement, and sending all necessary documents to the Probate Registry. Where an online application is not possible, we will prepare and submit the required paper application to the appropriate registry.
Probate is the legal process through which a deceased person’s Will is formally recognised and validated by the court, granting the named executor the authority to deal with the estate in accordance with the deceased’s wishes. This includes collecting assets, paying any debts and taxes, and distributing the remaining estate to the beneficiaries named in the Will.
However, not all estates require probate. Whether it is needed depends on the type and value of the assets involved. Understanding whether probate is required and navigating the legal steps can be complex, which is why seeking professional advice early on is often helpful.
A Grant of Probate is an official legal document issued by the Probate Registry that gives the executor named in a Will the legal authority to administer the deceased’s estate.
Once the Will has been validated, the Grant allows the executor to manage the estate, which includes settling debts, handling property, and distributing assets to the beneficiaries in accordance with the deceased’s wishes.
There are no universal rules for when a Grant of Probate is necessary, as many asset holders or banks will have their own specific rules that you will need to adhere to.
However, as a general guideline, a Grant is usually required if the deceased owned assets solely in their name worth over £50,000, or where there are shares held, where they owned property in their sole name or as tenants-in-common, or had certain pensions or life insurance policies.
Larger and more complex estates will almost always require a Grant.
Where you have a Will, it is the person appointed as an Executor that can apply for the Grant of Probate.
If the Executors appointed in the Will are unable or unwilling to act, then there are specific rules as to whom is able to apply to the Court to administer the Estate.
You will need to confirm the gross and net value of the Estate in order to apply for a Grant of Probate.
This means that you will need to confirm the total value of all assets held by the deceased person and the total value of all debts or liabilities owed by the Estate (such as funeral costs, care costs etc).
If you need help with applying for probate or have questions about the process, please contact us here.
When someone dies without leaving a valid Will, they are said to have died intestate. In these cases, the estate is distributed according to the rules of intestacy, a strict legal framework that sets out who inherits and in what order.
This process does not take into account the deceased’s personal relationships or preferences, which can lead to outcomes that may not reflect what they would have wanted.
When a person dies without a valid Will (known as dying intestate), Letters of Administration are required instead of a Grant of Probate. This legal document grants an individual, usually a close family member, the authority to manage and distribute the deceased’s estate in accordance with the laws of intestacy.
Letters of Administration are also required if the executor named in the Will is unable or unwilling to act.
If you need assistance with applying for Letters of Administration or managing an intestate estate, our team can provide expert guidance and support to make the process as straightforward as possible.
Estate administration is the process of managing and distributing a deceased person’s estate. It involves identifying and valuing the assets, settling any debts or taxes, and ensuring the remaining estate is distributed in accordance with the terms of the Will or, where no Will exists, under the rules of intestacy.
Whether you are named as an executor in a Will or acting as an administrator in an intestate estate, it is important to understand the steps involved and your legal responsibilities. The estate administration involves many tasks, including handling the deceased’s assets, settling debts, paying taxes, and distributing what remains to the beneficiaries.
The primary objective is to ensure that the estate is administered correctly, that the deceased’s wishes are honoured where a Will exists, and that the estate is distributed lawfully. Executors and administrators can be held personally liable for errors made during the administration process, which is why legal support can be vital.
Every individual is entitled to certain allowances that enable them to gift assets to loved ones without incurring inheritance tax. The current individual nil rate band (NRB) allowance is £325,000. Additionally, there is a residence nil rate band (RNRB) of £175,000, which applies when a property is passed to a direct descendant (such as children or grandchildren). This results in a potential total of up to £500,000 that can be gifted without incurring inheritance tax. Any amount above this threshold will be subject to inheritance tax at a rate of 40%.
Special provisions apply for married couples or civil partners. Gifts between spouses are exempt from inheritance tax, and the allowances are transferable. This means that a married couple can pass up to £1,000,000 tax-free. Amounts exceeding this will incur the 40% tax rate.
For estates valued over £2,000,000, the available RNRB is gradually reduced. Estates exceeding £2,700,000 are not eligible for the RNRB, and the estate will only be able to claim the basic NRB allowances.
It is essential to note that inheritance tax must be settled within six months of the date of death to avoid interest charges. If you are unable to pay the full amount due, you can apply to pay in instalments. However, interest will be charged on any unpaid tax.
A lifetime gift refers to the transfer of money, property, or assets made during your lifetime, rather than through a Will or after death. These gifts can have significant legal, tax, and financial implications, and it is essential for the executor to be aware of any lifetime gifts made by the deceased.
Keeping detailed records of all lifetime gifts, including their value and the date they were given, is crucial. This ensures that the executor can properly account for these gifts and navigate any potential tax implications.
The Trust Registration Service (TRS) is an online platform where trustees must register certain types of trusts and estates with HMRC. The need to register a trust or estate depends on its nature and any associated tax obligations.
You must register a trust with HMRC if it:
Has Tax Liabilities: If the trust has tax liabilities, such as income tax, capital gains tax, or inheritance tax.
Created After 6 October 2020: If the trust was created after this date (for express trusts).
Has Income or Gains Above a Threshold: If the trust has income or gains exceeding a specified threshold, usually £100 or more in a tax year.
Involves UK Property: Even if it has no tax liabilities, if the trust involves UK property or assets.
You must register an estate with HMRC if it:
Has Tax Liability: If the estate has a tax liability, such as income tax or capital gains tax, exceeding £10,000 over the entire administration period.
Value Exceeds £2.5 Million: If the value of the estate at the date of death is greater than £2.5 million.
Proceeds from Asset Sales Exceed Threshold: If the proceeds from any assets sold by the personal representatives exceed £250,000 (for deaths before 6 April 2016) or £500,000 (for deaths on or after 6 April 2016).
Whether you’re navigating the complexities of probate, handling estate administration, or dealing with inheritance issues, we’re here to guide you through the process.
If you are unsure about whether your trust needs to be registered, or if you need help with the registration process please contact us. Speak to one of our experienced solicitors today for clear, professional advice tailored to your needs.
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