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December 07, 2012

Probate

Probate

We know that it’s hard enough dealing with the death of a loved one without the added stress of managing the legal aspects.

If someone you know has died, our team of specialists can help guide you through the process. 

How can we help?

Whether you are named as an executor or the deceased has died intestate (without a will), we can provide you with help and support.

We understand that no two estates are the same. You may only need help with obtaining a grant of probate or may need us to deal with the complete administration of the estate.  Regardless of size or complexity our expert lawyers provide bespoke assistance with all aspects of dealing with an estate. 

This can include -

  • Identifying and notifying financial institutions of the deceased’s death
  • Verifying and valuing all assets, including arranging property and contents valuations
  • Carrying out asset and liability searches and digital asset searches to ensure that any missing assets or overlooked liabilities are identified
  • Arranging unoccupied property insurance
  • Advising on available inheritance tax exemptions and reliefs, including Transferable Nil Rate Band, Residence Nil Rate Band, spouse and charity exemptions and lifetime gift exemptions
  • Completing the inheritance tax return, calculating the amount of tax due and arranging payment from the deceased’s assets
  • Applying to the probate registry and obtaining the grant of probate 
  • Placing statutory notices to make any creditors aware of the deceased’s death
  • Collecting in all assets, including dealing with the clearance and marketing of any property
  • Considering the Capital Gains Tax position before dealing with the sale of any investments or property
  • Identifying and settling all debts and liabilities
  • Identifying and corresponding with all beneficiaries and arranging payment of legacies
  • Preparing detailed estate accounts to account for all monies received and payments made
  • Submitting any inheritance adjustments to HMRC and obtaining confirmation from HMRC that all inheritance tax has been paid
  • Calculating income tax payable on any income received during the estate administration process
  • Distributing the estate in accordance with the terms of the deceased’s will or in accordance with the intestacy rules

Specialist Advice

  • Where more specialist advice is required we have a wealth of experience dealing with complex estates including –
  • Dealing with Agricultural Property Relief and Business Property Relief to minimise inheritance tax
  • Advising on opportunities to reduce the estate’s inheritance tax or capital gains tax liability
  • Advising on trusts created by the will and dealing with their ongoing management 
  • Advising beneficiaries on post-death planning to reduce their own personal tax liability through the use of Deeds of Variation 
  • Completing tax returns for the deceased up to the date of their death and for the estate administration period. 
  • Contentious probate - providing advice about potential claims against the estate or disputes relating to the administration 
  • International estates – dealing with estates with international assets or where the deceased was domiciled outside of the UK 

Our fees

Find out more about what we do and our probate fees here.

More on this topic

Complex Estate Administration

Agricultural Property Relief – Inheritance Tax on farmland

Residence Nil Rate Band

What to do when someone dies

What to do when someone dies - checklist

Probate FAQs