We understand that bereavement is an incredibly difficult time for those left behind when someone dies. Amidst your grief, manging the estate can be challenging. Our probate lawyers are here to simplify the process and provide the support you need during this difficult time.
The person entitled to act as the personal representative of the deceased’s estate, usually has to obtain a grant of representation from the Probate Registry to prove that they have legal authority to deal with the deceased’s estate.
There are two different grants issued by the court depending on the fact whether the deceased has left Will or died intestate.
If you are named as an executor in someone’s Will, then you may need to obtain what is known as a grant of probate so that you can deal with the deceased’s personal affairs such as collect in all assets; pay the deceased’s liabilities; and distribute the balance according to the deceased’s wishes.
If there is no valid Will, the deceased’s estate will be distributed according to standard rules known as the intestacy rules. The deceased’s estate will be distributed to the family members in a strict order, depending on which relatives are left behind.
The Court will need to be assured that the Will is valid and correct to issue a grant of probate which names the executors appointed in the Will as the people having authority to deal with the assets of the estate.
However, until a grant of probate is obtained, you may not be able to access the deceased’s bank accounts or sell any property belonging to them. You may also not be able to pay any legacies left in the Will to the beneficiaries simply because the grant of probate gives you the authority to access and distribute the estate. If the deceased made a valid Will in which there is an effective appointment of executors, the Will authorises them to act in the estate. Therefore, those executors will be responsible for applying for a grant of probate.
A sealed grant is needed to give either the executor or administrator authority to deal with the assets of an estate. It is very important to note that to obtain a grant there is also a need to submit tax declarations (‘IHT’) to HM Revenue and Customs.
These declarations are needed to inform the HM Revenue and Customs of the value of the deceased’s estate and whether there will be any inheritance tax to pay. Here, at IMD Solicitors, our expert lawyers can take away the stress and worry of this complicated process and do all that for you.
It all depends on how quickly all the information for the application and inheritance tax account can be assembled. If we receive instructions soon after the death occurred, generally we aim to apply for the grant within just a few months. However, if the estate is very complicated this can take longer.
Once grant of representation has been obtained, the next steps involve collecting in all the assets of the estate, settling any outstanding liabilities and distributing the estate amongst the beneficiaries.
The executor or administrator will need to close any accounts that the deceased had, sell any assets and ensure that all debts and inheritance tax are paid, and that the estate is distributed correctly. This can be very time consuming for the appointed executor or administrator. In our experience it can take between six to twelve months from the date of the death for the estate to settle but if the estate is more extensive or if there is a dispute, then it could take a lot longer.
If the deceased did not leave a Will or if there is a Will which did not name executors, grant of letters of administration is applied for instead. In the absence of executors, it would usually be a beneficiary or someone who benefits from the Will that applies. This person (to whom the grant is issued) is known as the administrator.
Using a solicitor for probate in England and Wales is not compulsory but it does help to ease the burden on you after someone close has passed away.
Probate can be a lengthy process which can take hours of administrative work. In addition, if you make a mistake when carrying out the complex process yourself, you could be held legally and/or financially responsible. Therefore, it’s crucial you get the best advice.
IMD Solicitors have a wealth of expertise and successfully acted for many clients who live in the UK or abroad.
Dealing with these matters at a time when going through the grief of losing a loved one can be very upsetting and stressful. Our specialist multi-cultural probate lawyers are here to lessen that burden for you, contact them today to discuss your needs.
We are often instructed by beneficiaries that live abroad, or clients that are entitled to take out a grant either by a way of appointment or due to other interest in the Estate. Probate cases with an international element can be particularly problematic and ensuring that from the start you have a representative with the right experience and knowledge is crucial. Our unique, multicultural team of experts and have connections and partnerships with experts across Europe. We are therefore able to consider the best course of action in every case from the outset.
We advised and represented in cases with the Estate’s assets located in multiple jurisdictions, beneficiaries residing in different EU countries, including a case with over 15 beneficiaries in Europe and the United States. We are always able to quickly identify possible obstacles in the UK jurisdiction and obtain supporting statements or documents that may be required from foreign courts or experts.
Our experts will make sure that your case, regardless of its complexity, is progressed smoothly and with as little involvement from yourself as possible if that is your wish.
We understand that you may be going through a difficult period right now and that you will no doubt have a lot to pay out. Therefore, in some cases, we may be able to defer payment until the end of the case. During our initial call with you, a member of our team will be able to advise whether this can be an option for you.
The fees listed above are estimates only. Each case will be assessed on a case-by-case basis, taking in to account its complexity, unique circumstances, and any other relevant factors. A tailored cost estimate/ quote will be provided based on specific details of your case. Please contact our Probate Lawyers to get a tailored cost estimate/ quote.
Contact Our Probate Solicitors in London & Manchester
Contact our professional probate lawyers regarding obtaining probate and dealing with estate administration today by calling us on 0330 107 0107 or request a call back.
Executors and trustees are appointed to carry out important duties: to administer estates and manage trusts in the best interests of those entitled to benefit. When they fail in those duties, through delay, mismanagement, or conflict, confidence can quickly erode and the administration may stall altogether.
A will should reflect the true intentions of the person making it. But disputes can arise where family members, friends, or beneficiaries suspect that a will was not properly made, was influenced by others, or is otherwise legally flawed.
Why us?
Our team is adept at handling intricate cases involving international elements, such as division of assets across borders, child abduction and child relocation. This makes us particularly suited for individuals with international family or business ties.
We are proud recipients of multiple national awards, a testament to our commitment to legal excellence. Our awards reflect our high standards and dedication to achieving the best outcomes for our clients. You can check the list of our awards by clicking here.
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Our firm has a proven track record of successfully handling complex legal cases, particularly those involving cross-border elements. Our expertise is especially beneficial for individuals seeking sophisticated legal solutions.
At IMD Solicitors LLP, we recognise the significance of cultural nuances in legal matters. Our team, with its diverse cultural backgrounds, is uniquely positioned to understand and empathetically address the specific needs of clients from various international communities.
We believe in a client-centric approach, offering personalised and compassionate legal advice. Understanding that each case is unique, we tailor our strategies to suit individual client needs.
Beyond family law, we offer a wide range of legal services, making us a one-stop solution for all your legal needs, whether personal or business-related.
We believe in empowering our clients with knowledge. Our team ensures that you are well informed about the legal processes and your options, enabling you to make educated decisions.
Our extensive network of international legal and professional contacts allows us to efficiently handle cases that span multiple jurisdictions, providing a seamless legal experience for our clients.
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If you need legal advice, contact us today to request a free callback. Please note that all meetings are by appointment only in all our offices.
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