'Probate' is the term commonly used to describe the process of winding up a person's estate after they have died. It involves establishing what assets were held, what debts owed, the extent of any Inheritance Tax to be paid, and the distribution of the (net) estate value to those entitled to receive it. Hopefully a valid Will exists so that the wishes of the deceased for dispersing their assets is clear to both executors and potential beneficiaries.

If no Will was left, a person is said to have died 'intestate', and their estate passes to family members in accordance with the 'Rules of Intestacy' as set out in the 'Administration of Estates Act 1925'. This Act only recognises spouses and 'relations of the blood', and, if there are none, the Crown is the ultimate beneficiary. Unmarried partners, stepchildren, friends and charities have no rights under the Act.

Should a non-entitled relative or dependant feel that the intestacy rules make insufficient provision for them, then they may be able to bring a successful claim on the deceased's estate via the 'Inheritance (Provisions for Family and Dependants) Act 1975'. Under this Act, the Court has scope to acknowledge that the intestacy rules (or indeed the outcome of a Will) may provide insufficient provision for next of kin and maintained dependants, and order that the estate provide for them.

Do I Need a Professional?

Whilst the administrative work involved in handling an estate through probate is within the capability of most people, having the amount of time required to complete the task is not. Often close family members feel too emotive to attend to the estate themselves. Other family or friends may be willing to carry out the task in their spare time, but feel less keen on discovering that they cannot charge the estate for their work (aside from reasonable expenses incurred), and that should they make any errors, they could be held personally accountable by the beneficiaries and have to make good any losses from their own pocket.

In a number of scenarios it is imperative to seek professional help... These include:-

- if the deceased owned a business, or was a partner in a firm;

- if the deceased owned agricultural property;

- where a Trust is created by the Will;

- if the deceased was married with children but left no Will, and had assets exceeding £125,000;

- checking the interpretation and/or validity of a 'home-made' Will;

- if there is likely to be a claim on the estate under the 'Inheritance (Provision for Family Dependants) Act' 1975;

- where there are insufficient assets to pay the legacies in full;

- where the Inheritance Tax bill cannot be paid out of 'money' assets, and significant 'capital' assets (like the family home) might need to be sold.

How Can We Help?

As specialists in estate planning, we work closely with organisations that provide related services such as Probate. These include Trust Corporations and Solicitors. Just as we strive to ensure that our clients receive an excellent service at an affordable price, so do we expect the same service standards and good value from other companies. If not, we do not recommend them.

All companies we recommend offer excellent value for money. They work to a fixed fee that is agreed in advance, and DO NOT take a deposit up front, charge by the hour, or charge for letters written and phone calls made. There are no hidden extras. All recommended companies are fully insured for the work they do. Often we can negotiate a better price for our clients than they could achieve directly themselves.

Please contact us by email (and we'll call you back) or phone us direct on 0208 886 2344 for advice and assistance. We're here to help.