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If you are
reading this then it is almost certainly because you have been recently
bereaved. We understand that it is often difficult to cope at such times,
not only with the emotional trauma, but also with the need to know what to do in
relation to the estate. We hope that these few words may be able to assist.
What is the difference
between an Administrator and an Executor?
Executors are appointed in a deceased person's will. Administrators
are appointed if there are no executors. There is little difference
between an Administrator and an Executor from the point of view of your
obligations to administer the Estate.
What is a Grant
of Probate or Letters of Administration?
An authority granted by the Court to allow a person to administer a deceased
person's estate. It also imposes obligations including the gathering in of
the deceased person's financial assets, paying taxes and other debts of
the Estate and then distributing what is left to the beneficiaries. The
beneficiaries are either referred to in the will or if there is not one,
determined by law. We will be able to offer you advice on this.
Does it always
need to "go to probate"?
No. For example if assets are held jointly with another person (usually a
spouse or partner) then those assets will usually transfer to the survivor.
The obvious example of this is if you and your spouse or partner have a
"joint tenancy" of your home.
If the estate is small anyway, you may not need to apply. Ask us for
further details about this.
How do I apply for a Grant of Probate/Letters of Administration?
Make the appropriate application to the local Probate Registry. This can
be somewhat complicated and is a matter that we will be able to assist you with.
There is a fee for applying and Inheritance Tax has to be paid in advance.
Often money can be released from a bank or building society to pay this.
Supposing I have
been cut out of the Will. Is there anything I can do?
Some people are legally entitled to challenge a Will if they have been cut out.
An obvious example is a spouse. Otherwise you may have concerns about
whether the will was drawn up freely, again allowing you to challenge it.
Our Litigation Department will be able to advise you on such matters.
How much will all this cost?
We realise that costs are usually a concern for people. We give you a quote for the cost of administering an Estate
at the beginning and will
advise you as we go along both as to the level of the costs to date and if that
quote is likely to be exceeded. We consider that our costs are highly competitive in probate work. You should be aware as an
Executor, Administrator or potential beneficiary that the costs are almost
always paid from the estate before tax. We are more than willing to
discuss these with you either on the telephone or when we meet.
If you require any further assistance please do not hesitate to fix an
appointment to see either Sarah
Hemmings or Rosanne
Ward from our Probate
Department or to fax or e-mail us brief details of the estate that you require to
be administered.
Click here if you want to complete an initial assessment form.
© Wilkins
solicitors
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