Probate and Trust Administration

Probate

The loss of a loved one is often a difficult and emotional time and with the sense of loss and grief the last thing that you want to think about are the legal implications of the death.

We offer a sympathetic approach combined with expert legal skills to deal effectively with the initial steps to be taken when someone dies and then with the administration of their estate.  We will explain and guide you through the procedures that are required and keep you informed throughout what can often be a complicated and lengthy procedure.

If the assets include a house, shares or savings of £5,000 or more then it will generally be necessary to obtain a Grant of Probate of the Will before administering the estate and distributing the assets in accordance with the Will.  Small estates can sometimes be dealt with without the need for a Grant of Probate and you may feel confident in dealing with some matters yourself while just obtaining our assistance in other areas.

Whatever the case we can tailor a package of services specifically for you to deal with all or any of the aspects.

If there is no Will then the estate has to be dealt with strictly in accordance with the Intestacy Rules which can be fairly complicated (for example where there are children the surviving spouse often does not get the whole estate).  We can provide advice about this as well as the application for Letters of Administration which are the equivalent of the Grant of Probate in these circumstances.

Inheritance Tax

Depending on the size of the estate there  may be Inheritance Tax implications as a result of the death and we are also able to provide advice and assistance in dealing with these issues.  Sometimes it can be appropriate to “re-write the Will” retrospectively by a Deed of Variation to provide distribution of the assets in the most tax-efficient manner, depending on the circumstances of the surviving spouse and the rest of the family.

Trusts