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Every Will Matters

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ESTATE ADMINISTRATION (Probate)

When Someone Dies

As the famous quote goes; 'the only two certainties in life are death and taxes' and when a person dies, not only do they leave behind loved ones, but also a paper trail of assets and liabilities, known as their estate. 


If the estate includes sole assets over a certain amount (the specific value can depend on the asset provider), those dealing with the estate may need to apply for legal authority to gain access to those assets. 


Before the administration of the estate begins, you should undertake the following first: 


  1. Get the medical certificate from the hospital, GP or coroner
  2. Register the death at the local registry office
  3. Find out if the deceased made a Will 


If the person has died without leaving a Will, they are said to have died intestate and that will have an impact on the administration. Once you have identified whether there is a Will or not, you can answer the following questions: 

Who Should Administer the Estate?

What Legal Authority do They require?

What Legal Authority do They require?

Will

The named executor under the terms of the Will or a beneficiary if the executor is unable to act.


Intestate

The legal next of kin, in priority order.

What Legal Authority do They require?

What Legal Authority do They require?

What Legal Authority do They require?

Will

Grant of Probate or a beneficiary can apply for Letters of Administration.


Intestate

Letters of Administration.

Who Should Inherit the Estate?

What Legal Authority do They require?

Who Should Inherit the Estate?

Will

The named beneficiaries in accordance with the terms of the Will.


Intestate

Those entitled under the legal rules of intestacy.

Our service

We offer our services to those tasked with administering an estate, whether they are the appointed executors, a beneficiary or next of kin. Depending on the instructions, we can either assist up to obtaining a Grant of Probate / Letters of Administration or we can provide a full administration service.  

Stage One

  • Identifying all assets and liabilities 
  • Notifying the relevant organisations of the death 
  • Preparing detailed accounts for the date of death 
  • Completing the relevant inheritance tax forms and settling any inheritance tax due 
  • Preparing the application for Grant of Probate or Letters of Administration 

Stage Two

  •  Arranging the sale of estate assets and paying any liabilities 
  • Preparing estate accounts  
  • Dealing with the estate income tax and capital gains tax position 
  • Distributing the estate in accordance with the will or according to the rules of intestacy

How Long Should the Administration Take?

The length of time will depend on the estate itself. For example, an estate with one property and one or two bank accounts will be easier to administer than an estate with various shareholdings and investments. As a rough guide, we would provide the following estimate: 


Stage one: It can take two to four months to collate the relevant information and submit the application.  A more complicated estate can take longer to value and where there is inheritance tax to pay, this must be settled before an application can be considered.


It will take a further one to two months for the probate registry to consider the application and issue the Grant of Probate or Letters of Administration. 


Stage two: It can take four to six months to call in the estate funds, pay any debts and distribute the estate as per the term of the Will or the rules of intestacy. However, there are many reasons why the administration may take longer, here are a few factors to consider:

 

  • Difficulties in selling estate assets 
  • Corresponding with multiple beneficiaries 
  • Disagreements amongst beneficiaries
  • The estate is required to report income or capital gains for the administration period

We're Here to Help

We understand that dealing with the estate of a loved one can be a stressful experience. It is often the first time you have had to do anything like this and it is difficult knowing where to start.


At Every Will Matters, we can offer a service to suit your needs. We can help as much or as little as you require.


Simply provide your contact details and a suitable date / time to speak with you, and we'll help you begin the process.

Contact us

Our fees

We offer a fixed fee for the initial first stage, until we receive the Grant of Probate or Letters of Administration. The fee will depend on the type of application needed:


Stage one

Non-tax paying - IHT205

£1,500

For simple estates that fall beneath the inheritance tax threshold and require forms IHT 205 & IHT 217 

Non-tax paying - IHT400

£2,000

For simple estates that fall beneath the inheritance tax threshold and require form IHT 400 and accompanying schedules  

Tax paying - IHT400

£2,500

For estates over the inheritance tax threshold and require form IHT400, accompanying schedules and settlement of the inheritance tax position before applying for Grant of Probate or Letters of Administration 


Stage Two

Complete Administration

Due to the unpredictability of the second stage, we are unable to offer a fixed fee. We instead charge for our time based on an hourly rate. An approximate would be 10-20 hours (£1,500 - £3,000).

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