Probate and Administration of Estates
Rebecca Taylor
Sorting out the affairs of a deceased can be a complicated and onerous process in a time of sadness and grief.
‘Probate’ is a term used to describe the legal process of dealing with a person’s estate after their death. This includes collecting in the assets (i.e.) closing bank accounts, selling/transferring shares, selling/transferring property and settling debts and liabilities. Any taxes will also need to be settled including possible Inheritance Tax, Income Tax and Capital Gains Tax.
We can help to remove this burden of responsibility with a sensitive and common sense approach. Our lawyers have a wealth of experience of the whole probate process so will guide you from start to finish by taking care of all of the formalities and legal obligation.
If the deceased made a Will, the “Executors” appointed will be responsible for dealing with the estate. If there is no Will, the people responsible are named “Administrators”. Executors and Administrators are often referred to as “Personal Representatives”.
In order to deal with assets in the deceased’s estate, the Personal Representatives will, in most circumstances apply for the Grant of Representation. This is a legal document issued by the High Court which authorises them to collect in the assets. If there is a Will, the Order is called a “Grant of Probate” and if there is no Will, the Order is called a “Grant of Letters of Administration”. Most financial asset providers and institutions will require sight of the Grant of Representation before they will be prepared to release monies and for the transfer of assets to those who benefit from the estate.
We aim to cut through this legal jargon and help the Personal Representatives deal with all the practicalities and formalities of the Probate and Administration process.
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