Probate is the act of applying for the right to deal with a deceased person’s affairs.
If a person dies leaving a Will, one or more ‘executors’ may be named in the Will to deal with their affairs. Executors can apply for a ‘grant of probate’ from a division of the court known as the probate registry. The grant is a legal document which confirms that the executor has the authority to deal with the deceased person’s assets (property, money and other possessions).
If a person dies without leaving a Will (known as Intestate), a close relative or solicitor can apply to the probate registry for a ‘grant of letters of administration’. Like the grant of probate, this is a legal document which confirms the administrator’s authority to deal with the deceased person’s assets.
At Curry Popeck we understand your Probate requirements. We appreciate the emotional stress involved in coping with all of the legal, tax and administrative processes and take great pride in the personal service that we provide.
What we can help you with…
Our probate team can advise you on:
- Probate of the Will
- Inheritance tax aspects
- Estate planning
- Estate administration
- Defective Wills
- Deeds of Variation
Probate can be very complicated, involving the completion of many different forms and also places certain responsibilities on the individual dealing with a person’s estate. Some of the benefits of using a solicitor are:
- Speed – it is generally quicker as no appointment at the Probate Registry is required when a solicitor is used, which can save a great deal of time and inconvenience.
- Property – if the deceased person’s estate includes a property, a solicitor will need to be instructed at some stage and therefore using a solicitor for the probate can assist with the sale of the deceased person’s property.
- No Will – if the deceased person has died without a will (intestate), having a solicitor to advise on the intestacy rules can be essential.
- Inheritance Tax – if the deceased person’s estate has inheritance tax issues, a solicitor may well be able to advise on how to reduce the amount of inheritance tax payable.
- Contested Probate – if the will is in dispute, having a solicitor to advise on procedure is often vital.
- Protection – a solicitor carries professional indemnity insurance for all work undertaken to protect a client against any mistakes made. This helps alleviate any individual concerns an executor may have when undertaking probate personally.
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What should I do now?
If you would like us to assist you with your probate matter, or would just like to discuss this with one of our friendly, helpful experts, don’t hesitate to call us on 020 8907 2000.
Click here to download our Probate guide.