Probate and Estate Administration Solicitors

What is probate?

When somebody passes away, their estate need to be administered so that their assets can be sold and liabilities paid off. For those with a valid Will, the executor will be the person dealing with this estate administration process. Certain assets, such as property or shares, may require the executor to obtain a document called a Grant of Probate in order to sell them.

Where there is no Will, the person dealing with the estate is called an administrator. They will need to obtain a Grant of Representation to be able to deal with the estate.

Getting a Grant of Probate and Grant of Representation are both commonly referred to as ‘getting probate’.

Probate and estate administration – why use Brachers?

For those named as someone’s executor, we can appreciate this can be a daunting prospect. Understandably, you want to the do the very best job that you can, but other commitments such as work or family could mean that you might not be always be able to give it all of your attention. It can also sometimes be challenging to understand the legal process that is required.

At Brachers, we have been assisting executors for over 100 years. We have dealt with estates of all sizes and complexities and have a wealth of knowledge. We hope this will give you peace of mind to know that the job will be well done.

Although being an executor is a personal liability and you are ultimately responsible for ensuring that the estate is administered correctly, we can support you by dealing with as much or as little of the estate administration as you would like.

We can carry out every aspect of the estate administration process for you

We have the expertise to advise you on your obligations as an executor and provide assistance where required. This includes ensuring that the estate has made use of all available Inheritance Tax allowances and exemptions, preparing and submitting income tax returns (where required) and heling with the sale of assets, including residential and commercial property.

If relations between the beneficiaries become contentious, a challenge is made against the Will or a claim is made against the estate, our Contentious Probate team can step in to assist and advise. This will ensure that you will not need to go anywhere else, regardless of how things unfold during your executorship.

Recognition of our expertise

You can be sure to receive a first-class service, with our Private Client team’s expertise in probate and estate administration recognised in leading legal directories Chambers and Partners and Legal 500.

Pricing

We appreciate that each estate is unique. Because of this, we offer different pricing structures depending on how much or little you would like us to do.

We are transparent about our costs and will provide you with a detailed fee estimate at the start and keep you updated throughout the matter. For further information about how our costs are calculated, view our ‘Probate and Estate Administration Pricing overview’.

Further support

Please expand on the areas below to learn more about how we can assist with the entire estate administration process.

Our probate and estate administration lawyers are based in Maidstone and Canterbury and are ready to help with any legal advice you may require so please get in touch today.

• Full estate administration

  We can provide any of the following services where required:

  • Meeting with you to advise on the terms of the deceased’s Will or intestacy provisions and discuss the executors’ duties
  • Register the death, arrange the funeral (where required)
  • Check the property is insured and secured
  • Attend and make regular visits to the deceased’s property to collect asset details, take meter readings and arrange for valuations of the property and chattels
  • Obtain valuations of the estate assets and liabilities
  • Write to utilities, council tax, house insurance and share registrars
  • Submit statutory notices
  • Once the value of the assets has been received, prepare the Inheritance Tax forms and Oath, and ascertain whether any Inheritance Tax is payable
  • Submit Inheritance Tax forms to HM Revenue and Customs (HMRC)
  • Submit the application to the Probate Court once the documents have been sworn and lodge the papers to obtain the Grant of Probate
  • Notify the beneficiaries of their entitlements under the Will and obtain identification
  • Send the Grant of Probate and letters of authority to the financial institutions, collect the assets and pay any liabilities
  • Ascertain the deceased’s income tax position and prepare a final tax return for HMRC for the tax year of death
  • Correspond with HMRC regarding the property valuation, including liaising with the District Valuer, ensuring that the Inheritance Tax is discharged and obtain clearance
  • Correspond with beneficiaries regarding the distribution of the estate, pay any interim legacies or any pecuniary legacies that are due under the Will
  • Finalise the income tax position of the estate for the administration period
  • Prepare estate accounts for executors
  • Carry out bankruptcy checks
  • Distribute the final balance to residuary beneficiaries

  Obtaining a Grant of Representation (Fixed Fee)

  We can provide any of the following services where required:

  • Prepare the Inheritance Tax forms based on the schedule of assets and liabilities provided by you
  • Submit Inheritance Tax forms to HMRC
  • Draft the Grant of Representation application papers and submit the application to the Probate Registry once the documents have been sworn
  • Lodge the papers to obtain the Grant of Representation
  • Provide the Grant of Representation back to you with certified copies

  Ad-hoc assistance

  You my instead prefer to instruct us on a time-spent basis.

  We are able to assist you with many different aspects of the estate administration, including:

  • Preparing a Deed of Renunciation where an Executor wishes to renounce
  • Checking an application for a Grant of Representation which you have prepared
  • Preparing estate accounts
  • Advising on the Inheritance Tax position of the estate
  • Deeds of Variation and Disclaimers
  • Advising as to Capital Gains Tax and Income Tax and preparing tax returns. Learn more about how our Tax Planning team can help you
  • Setting up, restructuring or terminating trusts. Learn more about how our Trust team can help you

  When a person dies without a Will

  When a person dies without a valid Will they are said to be intestate and the statutory rules of intestacy will apply to their estate.

  The person who deals with the estate is called an Administrator. They are required to obtain a Grant of Representation in order to administer the estate.

  The intestacy rules are rigid and inflexible. Your estate will pass to specific people regardless of your wishes and may also have adverse tax consequences for your estate.

  How we can help

  If you know someone who has died without a Will, you may not be sure who should deal with the estate and what they are permitted to do. We can advise you who is entitled to apply for Letters of Administration. We can also help you understand the tax saving opportunities available to the administrators, such as through a Deed of Variation (see below).

  Because there is a strict order of entitlement in who can apply to become an administrator of an intestate estate, you may find yourself entitled to apply to become an administrator but have little practical knowledge of the deceased’s estate.

  If this is the case, we can arrange to undertake various searches on behalf of the administrator. This covers missing beneficiaries, assets and creditors to protect the administrators from such risks.

  Learn more about how we can support you in making or updating your Will.

  Deeds of Variation and Disclaimers

  Whilst a valid Will is legally binding, sometimes a beneficiary may want to vary all or part of their entitlement to benefit someone else. This could be to mitigate Inheritance Tax on the deceased’s estate or lower their own estate for Inheritance Tax purposes. It could simply be because they do not want or need all of the inheritance.

  By executing a valid Deed of Variation within two years of the date of death, the gift will be treated as though it came from the deceased’s estate and not from the beneficiary’s estate.

  A Deed of Variation can be created whether the deceased left a Will or died intestate. Read our article on Deeds of Variation and post-death planning for more information.

  Deeds of Renunciation

  Sometimes a person named as an executor is unable to fulfil the role or simply doesn’t wish to.

  We are able to assist the remaining executors by preparing a Deed of Renunciation, which can be produced to the Probate Registry along with the application for a Grant of Representation.

  Even if you are not using Brachers to administer part or all of the estate we can prepare this document for a fixed fee.

  Client testimonials

  “They are a very dynamic team with a lot of expertise and specialists,” says a source, adding: “It is clear that they can provide comprehensive, holistic legal advice, and advisers understand when they need to bring in specialists to ensure the best outcomes for clients with complex needs.”
  Private Client team review, Chambers High Net Worth Guide

  “The empathy and reassurance provided during proceedings was of a highly personal nature.”
  Private Client team review, Chambers High Net Worth Guide

  “Efficient, precise and considerate in dealing with a family bereavement.”
  Client testimonial

  “We received a highly personal service from all of the staff involved in our affairs. They took time to understand what we, as a family and individually, wanted to achieve.”
  Client testimonial, Legal 500