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.

Speak to a Solicitor today

Andrew Rimmington

Consultant Solicitor

T: 0121 784 4722
E:arimmington@carverslaw.co.uk

Paul Southall

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T: 0121 784 8484
E: psouthall@carverslaw.co.uk

Speak to a Solicitor Today

0121 784 8484

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September 2020


To our valued clients and partners,

As the impact of COVID-19 continues to evolve we wanted to take the time to reassure you of the actions we are taking to protect our clients, colleagues and the wider communities, whilst working to maintain our services to you at this time.

 

Our commitment to you


We are open for business and will continue to provide you with the best service we can in the safest way possible, but in-line with government advice our offices are now closed for face-to-face meetings and all staff are now working from home until further notice.


If you have an appointment scheduled your legal advisor will be in touch shortly to discuss your options, if they haven’t done so already.

 

Our staff are set up and ready to respond to you as usual. We are working hard to mitigate any disruptions, and will continue to provide you with the legal service and advice you need, delivered with the high-level of service you have come to expect from Wilkes.

 

If you do experience a slight delay in hearing back from us, please bear with us. We will be in touch.

 

If you have a general enquiry please call us on 0121 233 4333 or email us at law@wilkes.co.uk, or contact your normal point of contact.

 

Thank you for your patience during these unprecedented times. We look forward to returning to normal, with a handshake, as soon as possible.

 

The Wilkes  Partnership Solicitors

 

Birmingham – 0121 233 4333  Solihull – 0121 733 8000

Business Continuity Update – COVID-19

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