Probate
Probate SOLICITORS IN READING & HENLEY
The task of administering an Estate (Probate) as an executor after the death of a loved one can often feel overwhelming. It can be a complex and time-consuming process, with a significant level of risk attached. An Executor who gets it wrong may have to pay out of their own pocket to recompense beneficiaries and/or HMRC. It requires having details of everything the deceased person owned and how much this is worth, as well as their outstanding debts.
If you decide to seek assistance with this process, our team at THP Solicitors has extensive experience of all sizes of Estate and we would be happy to provide such support as you require.
Where there is a Will, we can advise on the terms of the Will and where there is no Will, we can explain the intestacy provisions so you can be sure you understand how the Estate will be distributed.
We aim to create flexibility and longevity in our documents, to ensure you get good value for money. To view information on our Estate Administration fees please click here.
The administration of an Estate will often break down into four stages, some of which may overlap, and our experienced team can help guide and advise on all or parts of the process:
When someone dies without leaving a Will their estate is ‘intestate’ and you may require a legal document called a Grant of Letters of Administration in order to deal with their Estate.
A Grant of Letters of Administration is a legal document issued by the Court to prove who has legal authority to deal with the estate of the person who has passed away. We can help advise on the inheritance laws called the “rules of intestacy” which determine who is allowed to apply for the grant. These rules place the deceased’s relatives in order of priority and the person that is highest up on this list is the person that should make the application.
Our team can also help prepare and make the application to Court for a Grant of Letters of Administration, complete the Inheritance Tax returns and calculate any tax that needs to be paid to HMRC.
We provide a bespoke case plan which will guide you through all the steps and we will provide regular updates on progress. This is the best option if you want to hand over the entire process to an experienced pair of hands and have confidence that all elements of the Estate administration will be dealt with.
It may be that you wish for some assistance with the Estate administration but wish to complete some tasks yourself. We are happy to work with you to provide such support and assistance as you require. In such circumstances, we will review the Estate at the outset to determine the steps that will be required. We then work with you to identify who is going to complete each specific task, to ensure that nothing is overlooked. Key to this will be the preparation of a detailed case management plan. This will be the basis of our scope of work and will allow us to work with you to ensure that the full estate is administered correctly. This is the best option if you want to be involved with the process of estate administration but want to have our legal input as and when required.
If you prefer to deal with the administration yourself but require assistance in obtaining the Grant of Probate or grant of Letters of Administration only, we offer a fixed fee service for such work. We can assist on such a basis whether the Estate is liable to Inheritance Tax or not. If you choose to use this service, we will let you know what information will be required for the application so you can obtain this information yourself. Upon receipt of all of the information required from you, we will then prepare the required Inheritance Tax return, together with the application for the grant. We will liaise with HMRC and the Probate Registry on your behalf, in order to obtain the grant.
Please note this is a limited service. It is only suitable in circumstances where you do not require legal advice on the Estate administration itself, and you simply wish for legal assistance with obtaining the Grant.
During an Estate administration, the beneficiaries have an opportunity to benefit from Inheritance Tax planning themselves. Where their own estate already has an Inheritance tax liability, they may choose to divert their new inheritance to their children or another beneficiary, thus avoiding a double Inheritance Tax liability. We can advise on the Inheritance Tax position and produce the necessary documentation to effect these changes.
When the time comes to administer a person’s eEtate and pass on their wealth according to the terms of their Will, our team can guide you through the Probate process. The administration of the Estate of someone who has died is a complex area and no two cases are the same. If you would like to apply for a Grant of Letters of Administration, need to discuss which Inheritance Tax forms you will need to complete when liaising with HMRC, or value the estate to establish if any Inheritance tax is due, please contact our Wills, Trusts & Estate Administration client team.
Chartered Legal Executive & Joint Head of Wills, Trusts & Estate Administration (Lower Earley, Reading)
Solicitor, Notary Public & Joint Head of Wills, Trusts & Estate Administration (Henley-on-Thames)
