Wills & Probate

Wills & Probate

Elthorne Solicitors is experienced in dealing with all matters relating to writing a Will, Probate and Deeds of Variation offering straightforward and practical advice with sensitivity and care. Our Wills and Probate solicitor will ensure the best provisions are made for you and your family for now and in the future.

Probate and administration of estates

When somebody close to us dies it can be a very stressful and confusing time. When faced with dealing with an estate if you are either named as an Executor in a Will or you are next of kin you are likely to come across lots of unfamiliar processes and terminologies and this can be quite daunting and confusing. There may also be many issues that you haven’t yet considered. We hope the following may answer some questions for you.

Our Probate solicitors can assist with as much or as little of the process as you like. We can simply get a Grant of Probate for you, or you can pass all of your executor duties on to us.

We can guide you through Probate as quickly and easily as possible, supporting you in your role as executor and making sure that the deceased’s estate is handled as they wished.

What is probate?

Probate is a term commonly used to describe the process in winding up a person’s estate after their death. If the person who has died has left a will you will need to apply for a Grant of Probate. Following the Grant of Probate the estate will be divided in accordance with wishes set out in the will.

If a person dies without leaving a valid will tey are said to have died ‘intestate’. You will need to apply for a Grant of Letters of Administration or Grant of Representation to deal with the estate. The way in which the estate will be dealt with is dictated by the ‘Rules of Intestacy’. This means that the estate of the deceased person will be divided between particular members of the family in accordance with intestacy rules.

Grants of representation

A Grant of Representation is a document issued by the High Court which names the Personal Representatives (PRs) and gives them the power to deal with the deceased’s assets. These ‘Grants’ are issued by the Probate Registry.

The three main types of Grants are as follows:

• Letters of Administration – this is where the person did not leave a Will and therefore died intestate
• Grant of Probate – this is where the person has a valid Will and the people appointed as PR’s are named in the Will as Executors.
• Letters of Administration with Will Annexed – this is where there is a Will but the people appointed are not named as Executors

A Grant is required in the majority of estates to enable the PR’s to deal with, transfer or sell assets. Whether you need a Grant will depend on the size of the estate and how the assets are held.

If there is inheritance tax to be paid on the estate, the full balance of this will come due at the end of the sixth month after the death. In some cases, the personal representative may not have money readily available to pay this. This might be because they have not yet received a grant of representation and are therefore unable to access bank accounts belonging to the estate. Alternatively, it might be because property belonging to an estate needs to be sold in order to raise the money to cover the tax bill. 

If you don’t have access to the money needed for the inheritance tax bill before the six month deadline, you may need to take out a short term loan in order to cover it. Alternatively, you may be able to agree with HMRC to pay the bill in instalments. It’s important to find a solution if you find yourself unable to pay the tax bill by the deadline, as if not, the tax bill will become subject to interest. 

As of February 2023, late payments will be subject to interest at 6.5%.