Probate

When a person dies it is always a difficult and emotional time for their family and friends. Unfortunately there are matters which need to be attended to and someone needs to deal with their affairs.

If the person who has died left a Will it will usually appoint one or more persons to act as the executors of the estate. The executors are the people who will administer the estate. The executors may need to apply for a Grant of Probate in order to deal with the assets held by the deceased. If you are an executor you are responsible for:-

• Proving the Will of the deceased by obtaining the Grant of Probate or the Grant of Letters of Administration if there is no Will.
• Ascertaining the assets of the deceased and collecting them in.
• Completing all necessary HM Revenue & Customs forms.
• Dealing with the sale of any property owned by the deceased.
• Paying any debts owed by the deceased including the payment of funeral expenses and any tax due.
• Distributing any remaining assets in accordance with the terms of the Will or the Rules of Intestacy.
• Completing the Estate Accounts for the beneficiaries of the estate.
• If there is no Will left by the deceased this is known as dying intestate. The process of dealing with the estate of the deceased is more complicated. The person who has the right to deal with the estate is determined by the Administration of Estates Act 1925. Such person will then have to apply for a Grant of Letters of Administration in order to deal with the assets of the deceased.
• Dealing with someone′s estate can seem very daunting and can take considerable time. We can provide legal services to advise and assist you at any stage of the process or to deal with the administration of the whole estate on your behalf.