Applying for and dealing with probate

We have a highly experienced team of specialist probate lawyers in many locations around the UK, with over 10 offices in or around London alone.

Dealing with and distributing some estates can be straightforward but there are many situations where assets, liabilities and relationships are complex.

Our specialist probate lawyers provide experienced, flexible and cost effective advice on all aspects of probate including :

• Advice for executors on duties, the process, help with the probate application, dealing with HMRC and beneficiaries

• Representing beneficiaries who have concerns about the will, the actions of executors or who need a Deed of Variation for the Will

• Assistance with probate valuation of assets

• Investigating what the assets and liabilities are of the estate

• Complicated estates where the deceased has assets abroad or shares in a family or other business

• Probate or will related legal disputes

What is probate?

Probate is the overall legal term used, after someone has died, where his or her estate (assets and debts) is administered, assets are distributed to beneficiaries and debts and any taxes are paid. In simple terms, someone needs to have the legal power and authority to deal with the deceased's legal affairs and carry out the deceased's wishes.

Where a will has been left executors are normally named to fulfil this role. In order for executors to be able to complete the legal processes needed, they will need to apply for a grant of probate and in some cases, need to pay Inheritance tax out of the estate.

Basic Probate Process

The main steps typically include :

• Checking there is a will, that it's valid and is the latest will

• Thoroughly investigating all assets and liabilities of the deceased, including business assets and any assets abroad

• Where appropriate and requested by beneficiaries, advising on and drafting a deed of variation for a will

• Applying for a Grant of Probate or Grant of Representation (Letters of Administration)

• Dealing with the sale of a property, assets and shares

• Paying debts of the deceased

• Paying any Inheritance tax

• Preparing probate accounts and information for beneficiaries

• Distributing the deceased’s assets from the estate to the beneficiaries

Please call or email to discuss how we can help and our probate fees.