Probate can be difficult to deal with on your own
Following bereavement, it is very difficult to think about initiating the arduous Probate procedure. In the event that the deceased leaves a Will, a Grant of Probate is required from the court to the Executors, to enable them to proceed with the administration of the estate of the deceased in accordance with the instructions in the Will. If no Will is left the next of kin will be required to apply for Letters of Administration.
We understand that when somebody dies it is a very distressing time for their loved ones. We provide a sympathetic and understanding approach to make the whole process as easy as possible and take to lighten the burden.
Administering the Will
This is also known as 'administering the estate'. If the person who has died has left a Will, we will first need to apply for the Grant of Probate. This gives the executors of the Will the right to administer the estate and carry out any other responsibilities written in the Will. Once Probate is obtained, we can help you go through the Will and sort through any assets or requests.
With a Will that has left over £5000 (after funeral costs), stocks or shares, a house or land, or certain insurance policies, we will normally have to apply to the court for a Grant of Probate and provide this to various authorities. With most Wills, financial organisations (like a Bank or Building Society) will be holding the funds stipulated in the Will.
The Grant of Probate gives you the legal right to access things like the said person’s bank account.
However, if a Will has left less than £5000 (after funeral costs) you may not need a Grant of Probate. Most Banks and Building Societies impose their own limit upon when they need a Grant of Probate to release the money.
Transfer of Property
In some cases, land or property is left to someone in a Will. If this is the case, we can assist with transferring the property and the legal rights to the land or property left.
In the event there is no Will in Place
In the event that the deceased has left no Will the rules of intestacy will apply. The next of kin or close relatives of the deceased will need to apply to the court for a Grant of Letters of Administration confirming that they will administer the estate according to the rules of intestacy. Should this be the case we will again take this burden away from you.
Our lawyers will also deal with the administration of the estate. We will prepare and submit required documentation to all necessary institutions in order to collate and transfer assets of the estate and discharge all liabilities to the estate. We can also assist you in conveyancing matters such as the transfer of property.