Following my first seat with the Litigation, Commercial and Personal Injury Department, I moved to the hectic Property Department in January 2019. I have found this area incredibly interesting, particularly Commercial Property, and important to my continual...
The process for a typical probate matter is as follows:
- You make an appointment in one of the following ways:
- Phone us on 01825 762281 and ask for a member of the Private Client Team;
- Email email@example.com
- Use the website enquiry form
- Visit our office
- Write to us
- Appointment. Please bring your documents of identification. We will tell you what to bring when you make the appointment. One of our qualified lawyers will take your instructions at the meeting. Please also bring with you details of any beneficiaries/legatees mentioned in the Will (if there is one). We will need their full names, dates of birth and addresses.
- At the meeting we explain the probate process to you and between us we decide what level of assistance you require.
- We write to all relevant institutions to obtain date of death balances and information required to complete the Tax Return to the date of death.
- We compile a list of assets and liabilities.
- We prepare the Probate Oath/Statement of Truth and relevant inheritance tax form.
- You sign the Oath/Statement of Truth and inheritance tax form and return them to us. We arrange for any relevant inheritance tax to be paid.
- We apply for the Grant of Probate (or Letters of Administration).
- We receive the Grant from the Probate Registry.
- We send a sealed copy of the Grant to relevant institutions.
- We deal with the assets (encashing, selling or transferring).
- We pay the liabilities.
- We contact the beneficiaries and ensure that the legacies are paid to them.
- We pay interim distributions to residuary beneficiaries where appropriate.
- We deal with tax returns for the period up to the date of death and for the administration period, unless an accountant has been appointed to deal with the income tax.
- We ensure that all tax is paid and obtain clearance from HMRC for income tax, CGT and inheritance tax.
- We prepare Estate Accounts and send them to the executors for approval. Once approved by the executors, they are sent to the residuary beneficiaries for approval.
- Once everyone has approved the Estate Accounts we make the final distributions to the residuary beneficiaries and send a closing letter to the executors.