Probate and Administration of Estates

Our Probate Unit deals with the administration of the affairs of people who have died.

The administration of a deceased person's estate involves either implementing the terms of their Will, or dealing with the distribution of their estate in accordance with the legal rules set out in the Administration of Estates Act 1925.

It will, for example, involve:

  • Dealing with their property.
  • Dealing with banks, building societies and other investments.
  • Business and agricultural assets.
  • Paying debts.
  • Dealing with the Inland Revenue, especially for Inheritance Tax (Death Duties).
  • Distributing legacies.
  • Distributing the remainder of the estate to the people entitled to it.

As part of the process, we can:

  • Advise on and interpret the Will or advise on the intestacy provisions where there is no Will.
  • Advise on the impact of Inheritance Tax on the estate.
  • Inform all the Beneficiaries of their entitlement.
  • Identify and obtain valuations of the various assets including, where appropriate, freehold property and any interest in businesses.
  • Identify any liabilities.
  • Prepare an Oath (and complete Inheritance Tax forms where necessary) to enable an application to the Probate Registry to be made to obtain the Grant of Probate/Letters of Administration.
  • Upon obtaining the Grant, apply to the asset holders for the release of the assets and thereafter settle any outstanding liabilities.
  • Pay any legacies and interim distributions to the Residuary Beneficiaries.
  • Where appropriate transfer assets to Beneficiaries.
  • Where appropriate agree with the Inland Revenue the valuation of any assets which are being retained by Beneficiaries.
  • Where appropriate advise the Inland Revenue of any changes to the value of the estate and then obtain their confirmation that there is no further liability to Inheritance Tax.
  • Prepare final Estate Accounts for the approval of the Personal Representatives.
  • Pay the balance monies to the Residuary Beneficiaries.

Key Contacts

Nottingham
Nigel Cullen, Partner & Head of Private Client
Chris Golland, Partner

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