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Obtaining Probate

We understand that bereavement is an incredibly difficult time for those left behind when someone dies, but help is at hand through our specialist and sympathetic probate service.

What is probate?

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.

Probate is the process where a Will is proved to be valid in the Court, meaning that the Will of the deceased person is shown to be correct.

The Court will 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.

If the deceased leaves a Will naming executors, those executors will be responsible for applying for a grant of probate.

Obtaining a grant of probate

A grant is needed to give either the executor or administrator authority to deal with the assets of an estate.

To obtain a grant it is necessary to not just apply to the Court but to also submit tax declarations to HM Revenue and Customs. Here at IMD Solicitors, our expert lawyers can take away the stress and worry of this complicated process and do all that for you.

How long does it take to obtain a grant?

It all depends on how quickly all the information for the inheritance tax account can be assembled. If we receive instructions soon after the death occurred, generally we aim to obtain the grant within just a few months. However, if the estate is very complicated this can take longer.

What happens after the grant is obtained?

Administration of the estate is the process that takes places following the grant of probate. This involves collecting in all of the assets of the estate and distributing them amongst the beneficiaries.
The executor or administrator will also need to close any accounts that the deceased had and also sell any assets and they are also responsible for ensuring 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.

What if there’s no Will or the executors weren’t named

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.

How can IMD Solicitors help you?

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 and 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 in this area.

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. Because of our unique, multicultural team and their expertise and also because of connections and partnerships with experts across Europe, we are 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.

Funding your case

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 or not this can be an option for you.

Probate & Estate Administration – Bronze Service : £995.00 plus VAT

Administering an estate, especially if you have lost a loved one, can be very complicated and it can also take months or even longer, if appropriate steps are not taken when necessary. Making sure everything is done properly can involve a great deal of unnecessary stress. Our solicitors can handle this for you with our fixed fee estate administration services, offering cost effective specialist legal solutions. Every estate is different, which is why we provide different services to make sure that you still get the same personalised advice at the right fixed price.

Our Bronze Service is right for you if you do not want us to manage the estate distribution, you do not require assistance in collecting and distributing of the Estate, you are able to provide all the necessary information for IHT tax return for us to deal with the declarations, you do require assistance in obtaining grant of probate or letters of administration, and if the estate is under £325,000 and you do not have assets abroad valued over £100,000.00

Administration of Estates Bronze Service includes:

  • Short form Inheritance Tax return
  • Obtaining the Grant of Probate or Grant of Letters of Administration

Administration of Estates Bronze Service does not include:

  • Estates where the deceased was domiciled abroad
  • Undertaking a search for a Will
  • Transfer of Inheritance Tax nil rate band or Long inheritance tax return
  • Gathering initial information on the value of the estate
  • Identifying beneficiaries of the estate
  • Conveyancing involved in transfer or sale of property
  • Income tax or capital gains tax issues
  • Collecting in or distributing the estate or preparation of estate accounts
  • All expenses for example probate fees
  • Conduct of the matter where a dispute between the parties arises
  • Dealing with any overseas property.
Probate & Estate Administration – Gold Service : £500.00 plus VAT on account, standard hourly rates apply

Administering an estate, especially if you have lost a loved one, can be very complicated and it can also take months or even longer, if appropriate steps are not taken when necessary. Making sure everything is done properly can involve a great deal of unnecessary stress. Our solicitors can handle this for you with our fixed fee estate administration services, offering cost effective specialist legal solutions. Every estate is different, which is why we provide different services to make sure that you still get the same personalised advice at the right fixed price.

This service is right for you if you want us to assist in managing or manage the estate distribution and/or collection, and/or if you are unable to provide us with information necessary to submit an application for grant of probate (and submission of IHT declarations) and /or if the estate is over £325,000.00 comprising of more than one property and/or multiple bank accounts and or you do have assets abroad that are valued over £100,000.00.


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