Probate solicitors

Probate (or administration if the person died without a Will) is the process of obtaining the legal right to manage a deceased person’s estate. The executor must apply for a Grant of Probate, a legal document giving them the authority to deal with the deceased’s finances, assets and possessions.

The probate process ends once the estate has been identified, all taxes and debts have been paid, and the inheritance has been distributed.

No, probate is not always necessary. Following a bereavement, our solicitors will establish whether probate or administration is required and then offer you support and advice on the next steps.

If you are an executor of a Will it’s likely that you’ll need a Grant of Probate to deal with the administration of the estate. However, if the estate only has joint assets or bank accounts with less than £5,000 in them you may be able to deal with the estate without one. You will still be responsible for dealing with any necessary inheritance tax reporting, even if a grant isn’t required.

It’s possible to undertake probate without a solicitor. However, in many situations it will be advisable to use a specialist probate solicitor. For example, if no Will was left by the deceased or the Will has been contested, if tax is payable or if charities are beneficiaries.

A solicitor can also help with the administration of complex estates – for example estates which have business, agricultural or foreign assets. Probate solicitors take the burden of some or all of the work from the executors.

You should consider using a probate solicitor if:

• You don’t have sufficient time or expertise to deal with the estate
• Charities are named as beneficiaries
• The Will is being contested or there are concerns about the validity of the Will
• Income or capital gains will need to be reported
• No Will was left – particularly for estates worth more than £322,000
• Dependents not mentioned in the Will are likely to make a claim against the estate
• The Will features trusts
• Foreign property or assets are involved

Probate costs vary depending on the size and complexity of the estate. Our fees are transparent, because we do not charge any “added value” element, so you only pay for the work that you need our expert assistance with.

For example, where you’re able to deal with much of the work yourself, we can support you with our Grant Only Service – a fixed fee service to obtain the Grant of Probate or administration based on the information and evidence you supply.

How long the probate process will take depends on complexity. A simple estate may take a few months whereas a complex or disputed estate may take a year or longer.

If someone dies intestate (without a valid will), the estate is distributed according to statutory rules. We help families understand and navigate this process and the potential inheritance tax implications.

Being a personal representative (executor or administrator) can be an onerous role. It is time consuming and has to be done properly to avoid HMRC penalties and claims by beneficiaries. Family pressures and divided loyalties can also cause problems.

Probate can be fraught with legal and practical challenges, such as:

• Delays caused by missing or inaccurate documentation
• Incorrectly valued assets or overlooked property
• Failure to obtain the correct Grant of Probate or Letters of Administration
• Disputes over Wills or beneficiary entitlements
• Problems with cross-border estates and foreign tax obligations
• Unexpected inheritance tax bills due to missed reliefs or exemptions

Our solicitors regularly help clients navigate these risks, ensuring compliance and minimising conflict.

It’s sometimes possible to reduce inheritance tax after a person has died, through a deed of variation or by placing assets into a trust. However, there are complex rules about how trusts can be used in this way so it’s advisable to speak to a specialist trusts solicitor.

If you inherit assets from someone based abroad, further planning and long-term tax savings are possible, but specialist international estate planning advice should be sought.

You’ll need to consult with the French Notaire as the tax in France will depend on your relationship to the deceased and the value of the property. You personally won’t need to pay UK inheritance tax when you receive it, but the estate might also suffer UK inheritance tax depending on the long-term residence status of the deceased.

There will be some set off of the taxes in France and the UK. You may be able to keep the asset outside your own estate, so inheritance tax isn’t payable on your death. Advice should be taken from one of our experts.