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PROBATE & ADMINISTRATION
 
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My spouse, partner, parent or close friend has died. What do I do now?
We tell you...

1. Look to see if you can find a Will
2. Look for assets
3. If you are familiar with the deceased's estate
4. If you are unfamiliar with the deceased's estate
5. What happens then?
6. Once Probate has been obtained
7. Statement of Assets
8. Charges

1. Look to see if you can find a Will.
This is important because in the Will the deceased will probably have named an Executor who is to administer the estate and might well have expressed a wish as to the funeral arrangements or cremation, and if these are overlooked at the time of death the error may be irretrievable
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2. Look for assets.
It is obviously a distressing time. Some people find solace in organising the affairs of a deceased loved one. Others find it very distressing. If you wish to consult us contact Lynn Keane our Probate Manager, or one of our partners and arrange to come and see us as soon as possible.
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3. If you are familiar with the deceased’s estate bring with you all of the documents that you can find.
Your solicitor will sort them out. If you can make a schedule of those assets so much the better. Similarly, it will save time and money if you can list all liabilities of which you are aware – mortgages, debts, utility bills, etc.
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4. If you are unfamiliar with the deceased’s estate ...
...just try and work out where assets will be kept and what pieces of paper will help us find all assets so your solicitor can prepare them in a list for the administration of the estate.
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5.1 What happens then?
Your solicitor will investigate all assets and liabilities of the estate and communicate with all interested parties. Your solicitor will list all assets and liabilities and will prepare the Probate documents and the Inland Revenue account. Your solicitor will advise you on the tax consequences and liabilities. They will advise you if it might be sensible to contemplate a Deed of Family Arrangement, also known as a Deed of Variation which can save tax and be used to benefit persons who might not have been named in the Will or transfer assets to children in a tax efficient way. However, please note this can only be done with the consent of all the beneficiaries of the estate. We will prepare the documents to be sworn to apply for the Grant of Probate and lodge these for you at the Probate Registry.
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Margaret Lang

 

6. Once probate has been obtained
Your solicitor will pay the tax, meet the liabilities of the estate and distribute the estate according to the wishes of the deceased as expressed in a Will or alternatively if the deceased died without making a Will in accordance with the intestacy rules.
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7. Statement of Assets
Finally your solicitor would prepare a detailed statement of the assets of the estate and show how these have been distributed and used to pay tax and to benefit those named in the Will.
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8. Charges
Unlike many London solicitors we have made it our firm's policy not to charge fees based upon a proportion of the value of the Estate in addition to hourly rates. At WGS we only charge for our time spent engaged in the application for Probate and in the Administration of the Estate and for disbursements incurred.
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