Probate & Estate Administration

Probate can be a very complex task and our Private Client team provides a pro-active, efficient and first class service in assisting with the estate administration process. When someone dies there are a number of important tasks that need to be completed and this will depend on whether the person who died leaves a valid Will or dies without a Will.

Where there is a valid Will, then the named executors take on this responsibility. In the absence of a valid Will, the person is said to have died “intestate” and the intestacy rules determine not only how the estate passes but also who can be appointed as the administrators to administer the estate. Anyone responsible for dealing with an estate, whether it be an executor or an administrator, is called a personal representative.

A Grant of Probate allows the personal representative, or their appointed professional, to deal with the property and estate of the person who has died. When using the term probate, most people mean the whole process of establishing what someone has left, going through the legal process, gaining authority to deal with it, paying off any debts and distributing the estate to the people entitled to receive.

We can assist with the legal formalities of obtaining the Grant of Probate and administering an estate. The role of a personal representative can be an onerous one and the estate may involve valuable or complex matters which the personal representative becomes personally liable for ensuring the estate is administered correctly.

Whilst we can assist in all matters, either to deal with the full administration or simply assist with specific elements, you may wish to contact us for assistance if:

• The deceased died without a valid Will and it is a complicated estate to administer. There are doubts about the validity of the Will;
• The deceased had dependents who were deliberately left out of the Will, but who may want to make a claim on the estate;
• The value of the estate is over the inheritance tax threshold. The threshold for the 2017/18 tax years is £325,000;
• The estate is earning a regular income where there could be ongoing requirements to account to HMRC;
• The estate has complex arrangements, such as assets held in trust and the estate is bankrupt (also known as insolvent);
• The estate includes foreign property or foreign assets;
• The deceased resided outside the UK for tax purposes.

We can help you understand more about the estate administration process and advise on the nature and complexity of the estate.

Please call 0121 784 8484 or email PSouthall@carverslaw.co.uk to get the best advice on Probate & Estate Administration in the area.