Probate and Inheritance

Probate and Inheritance

Estate Administration includes the valuing, collecting and distribution of the assets, settling debts and inheritance tax and finalising the deceased’s tax affairs.

A Grant of Representation confirms who may collect the assets of someone who has died, pay debts, and distribute what remains.

Where there is a Will, the Grant is called Probate and the executor named in the Will should apply. Without a Will, the Grant is called Letters of Administration, and the person entitled under the intestacy rules should apply.  The people named in either grant are called ‘the Personal Representatives’.

A Grant authorises banks and other organisations to pay out to the Personal Representatives.  A Grant is required for any dealings with land or property registered at the Land Registry and might be required for other things also, such as dealings with banks.

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Why instruct Palmers to assist you with the Grant Application? 

We navigate the legal, tax and administrative issues with you in a compassionate and efficient way during the emotional time of losing a loved one.

Fixed fees and/or clear estimates are agreed at the outset, and we currently offer a fixed fee of £1,250 plus VAT for matters where we are simply asked to assist with the application for the Grant of Probate. Our costs for more extensive assistance can be discussed as a no obligation 45-minute meeting.

Our professional and compassionate team will guide you through the process and ensure that all the technical points are addressed correctly and you will have a dedicated solicitor handling your case.

How we can help

We offer flexible probate support depending on what you need:

• Prepare, submit and obtain the application for a Grant of Probate or for Letters of Administration;
• Complete inheritance tax forms and liaise with HMRC where required;
• Claim any available nil rate bands, allowances and reliefs.
• Advise on more complex issues, including trusts, taxation, intestacy, foreign assets, businesses or agricultural property.
• Collect in assets, settle debts, and distribute the estate to beneficiaries.
• Advise and assist with the transfer of shares, the sale of property, and assents
• Handle disputed estates, missing beneficiaries, and creditor queries
• Offer home visits for elderly or infirm executors or administrators
• Continue to offer the trustees trust advice, once the administration of the estate is completed – eg. where there are ongoing trusts for minor, disabled or discretionary beneficiaries.
• Discuss Deeds of Variation if changes to the estate are desired.

Tailored Approach: We can deal with the whole administration for you or assist with specific tasks such as applying for the Grant, or advising on the trusts.

Our probate solicitors are experienced in reducing delay and protecting estates from fraud or incorrect distribution.

The probate process – step by step

1. Initial meeting to gather details and documents and confirm whether a Grant is needed.
2. Obtain the valuation of the assets and liabilities and beneficiaries.
3. Prepare the inheritance tax return and probate application forms.
4. Submit the application online or by post where required.
5. Obtain the Grant of Representation from the Probate Registry.
6. Collect assets, pay debts, settle tax liabilities, and distribute the estate.
7. Deal with the sale or transfer of any properties involved.
8. Complete final estate accounts and close the administration.
9. Advise on any ongoing trusts if applicable

If the estate is straightforward and all paperwork is correct, you will usually receive the Grant within a matter of weeks.

What are the ‘Intestacy Rules’?

The Intestacy Rules apply if someone dies without making a Will. They set out who will inherit the estate and who can administer the estate. It is a common misconception that a surviving spouse or civil partner will receive everything. There are in fact monetary limits on the amount which a surviving spouse or civil partner can receive where the person who has died leaves children or grandchildren.

A cohabiting partner (even where partners have been together for many years) is not entitled to anything under the Intestacy Rules.  The myth of the ‘common law spouse’ often comes as a shock to many unmarried partners, leaving them with no option but to claim against the estate or come to an agreement with the family.

You should always seek advice on who benefits under the Intestacy Rules even if the position seems straightforward – often there are surprises and failure to seek proper advice can lead to incorrect distribution and personal liability for the Personal Representatives.

Speak to our team about probate

Challenging Wills and Inheritance Act claims

If you believe a Will does not make reasonable financial provision for you, the Inheritance Act 1975 allows certain family members and dependants to make a claim.

These claims are fact specific and time sensitive.

We advise on prospects of success, possible remedies and represent clients in negotiations or court proceedings if required.

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