Expert Probate Solicitors

An executor is someone that has been appointed in a Will to take care of the deceased’s affairs after they have died. An administrator is someone that deals with the deceased’s estate where there is no Will. There is a set order as to who can act as an administrator, but typically it will be someone that is entitled to benefit from the estate under the laws of intestacy. Personal representative is a generic term used to encompass executors and administrators.

An attorney under an LPA (or EPA – Enduring Power of Attorney) ceases to have any power once someone dies, and will not have any right to administer the estate. The Office of the Public Guardian (OPG) will need to be notified that the deceased has died. The attorney may still have some out-of-pocket expenses that need to be settled, which can be dealt with by the executors or administrators of the estate. The attorney could be asked to produce accounts demonstrating their management of the deceased’s financial affairs.

It is easy to worry about dealing with someone’s affairs immediately after they die. However, usually there is little that needs to be done immediately. Initially the death will need to be registered within the first few days, by an executor or family member. The funeral will then need to be arranged. In some cultures this will need to happen very quickly. If the executors will need the help of a solicitor, the initial meeting can usually wait until after the funeral, although there is no harm in contacting them beforehand for some pointers.

In advance of that meeting there are a few things that an executor should think about, which are summarised here.

The important deadlines to consider after the date of death are registering the death within 5 days (where possible); paying inheritance tax within six months; applying for probate within one year and varying the estate within two years.

A Grant of Probate or Letters of Administration is commonly required to allow the personal representatives of the deceased to settle the estate. However, a Grant is not always required. Some organisations will release assets without sight of a Grant, if the balance is sufficiently low for their internal policies. More details can be found here.

There is no legal requirement to use a Solicitor. However, probate administration often becomes complex and errors by the executor can lead to delays and disputes. Lack of familiarity with the probate process is not an acceptable excuse for mistakes when administering an estate and may be considered negligent by HMRC. With prior experience and sufficient free time, it is possible to administer some estates without a solicitor. However, any executor would be strongly advised to have a conversation with a probate expert if any complexities are likely to arise, such as inheritance tax being payable; disappointed beneficiaries, trusts in the Will; foreign assets, or high value property or share portfolios.

The Law Society summarises some good reasons for using a probate solicitor here. You can read more about the benefits of using a probate solicitor here.

Executors must apply for a Grant of Probate for which there is a fee of £300. Before making this application, executors must ascertain the value of the estate so that inheritance tax (IHT) can be calculated. IHT is due six months after the date of death and must be paid (although not always in full) before the Grant can be given. Formal valuation of key assets such as houses, land and business interests is also required for the Grant. The Grant request and valuations may be done by a probate lawyer to make the application process easier. When looking for a probate solicitor, check the directory for the Society of Trust and Estate Practitioners or use the Law Society’s online ‘find a solicitor’ tool.

Our Succession and Tax team are happy to help and if you require assistance from a probate lawyer, please get in touch with us.

A straightforward estate can take anywhere between six and twelve months to fully administer but when property and inheritance tax (IHT) are involved, the administration process becomes more complex and so will take longer. No two cases are the same, and therefore it is difficult to anticipate how long a complex estate administration will take. A good probate solicitor will be able to give accurate estimates for time scale once the facts of a case are known. There are some parameters which cannot be expedited, including the amount of time it takes the probate registry to issue the grant, the time it takes for HMRC to answer tax queries, and waiting for the expiration of deadlines for claims against the estate to be made. It is also important to note that where an estate is properly managed, it is often possible to make interim distributions to beneficiaries as the administration progresses, avoiding the need to wait right until the end of the process.

It is the responsibility of the personal representative (the executor or administrator if there is no Will) to handle the administration of the estate in the best interest of its beneficiaries and they have a duty to maximise the value of the estate. The personal representative must keep all estate monies separate from personal funds. Alongside clear records of management, these actions are essential because the personal representative can be liable for any mistakes made, even when unintentional. The basic duties of the personal representative include registering the death, locating the Will, valuing assets and liabilities, paying debts, applying for the Grant of Probate and distributing the estate to its beneficiaries. It is important to note that an executor is not obliged to take up their role. If an executor has any doubts about whether they want to take up the appointment, they should speak to a probate solicitor early, to discuss options. An executor needs to be careful not to ‘intermeddle’, or start the probate administration process, as they might then be duty bound to complete it.

When a person dies without leaving a Will, it is known as intestacy. In intestacy cases, the administration of the deceased’s estate belongs to the administrator. Whilst executors and administrators have similar responsibilities, an executor is named in the Will where an administrator is established based on an order of inheritance set out in the 1925 Intestacy laws. The administrator must then apply for a Grant of Letters of Administration which allows them to administer the estate. Crucially, an executor derives authority from the Will, whereas an administrator derives authority from the Grant of Letters of Administration. Administrators need to be aware of this key difference, and how it may affect decisions they make early on in the administration. Our lawyers offer more advice on understanding intestacy and the intestate estate on the Blake Morgan website and when you arrange a call with our private client team.

If carrying out the administration without a solicitor, the costs will be limited to the probate fee, and where relevant, estate agent fees for selling property, stockbroker fees, funeral costs, utility expenses, and other ancillary costs.

If you choose to instruct a probate solicitor, they should discuss their costs with you at the outset. Some firms or probate practitioners will charge a ‘value element’, or percentage value of the estate, whereas some will only charge for work they carry out, regardless of the estate value. Blake Morgan charge only for work carried out, on an hourly rate basis. Work will be given to an appropriate member of the team, based on experience. As no two cases are the same, it can be difficult to give exact figures until detailed facts on the case are known. More details on how Blake Morgan charge can be found at the bottom of this page