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:
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:
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.
Will
Grant of Probate or a beneficiary can apply for Letters of Administration.
Intestate
Letters of Administration.
Will
The named beneficiaries in accordance with the terms of the Will.
Intestate
Those entitled under the legal rules of intestacy.
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.
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:
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.
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:
For simple estates that fall beneath the inheritance tax threshold and require forms IHT 205 & IHT 217
For simple estates that fall beneath the inheritance tax threshold and require form IHT 400 and accompanying schedules
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
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).
Every Will Matters
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