Grants of Probate & Letters of Administration – Solicitors in Gosforth Serving Newcastle upon Tyne, the North East and Nationally
The loss of a loved one is likely to be hard to deal with emotionally but there are also the practical steps that need to be taken after a death has occurred that need to be considered before seeking Probate.
*Executors and Administrators must be aware that they face PERSONAL LIABILITY if the estate is not administered properly *
For example, they would have to personally pay any debts that remain unpaid after distribution or any beneficiary who does not receive the share of the estate that they are entitled to.
Ignorance of the debt or of the beneficiary’s existence is no defence and there is an expectation that an estate administration will be conducted with due diligence
It is therefore vital that if you are assigned either of these roles that you obtain legal advice immediately to ensure security, not just for you but the estate and all other interested parties also.
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At Birch & Co we have Specialist Solicitors who understand how difficult talking about such matters can be. As a result you can be sure we will deal with you in a sensitive and friendly manner, all the while ensuring a professional and efficient service is given.
We are based in Gosforth with parking facilities easy access to the Metro at Regent Centre with a bus stop outside the office. We strongly recommend that you contact us as soon as you start to consider the gift so that we can help guide you further. We can save you a lot of money and stress.
We have a 5 star rating on Google for the quality of our service and 99% of our clients are completely satisfied and would recommend Birch & Co to others. Please read some of our current clients’ Testimonials below of what they think of us. We hope that you feel the same way once we have looked after you.
We would be happy to meet with you to discuss any estate administration queries you have and to act for clients, whether just in relation to the Inheritance Tax account, the Grant of Probate application or the full estate administration and distribution.
It is understood how difficult a time this can be so let us assist by taking on any administrative burdens for you and your family in a professional yet sensitive way.
“Very professional and efficient administration of the messy and complex estate of my late aunt”
“Rebecca Griffiths gave us a wonderful service, always there to advise us with either a telephone call or email. We were always made aware of what was happening. Thank you very much”
When someone dies, it needs to be established who has the right to administer the estate which essentially means to deal with the deceased’s property, money and possessions.
It not only needs to be determined what the deceased owned but also what they owed.
It is necessary to utilise the estate funds to pay off all debts and liabilities BEFORE anyone can inherit from the estate.
Most cases follow the same basic process:
Check if there’s a will
If there is, this normally appoints an Executor to take on the task of estate administration.
If there is no will, the intestacy rules provides a list of people in priority order for who may take on this role of Administrator.
List what the estate consists of, both in terms assets and liabilities
It is important to assess early on if there are enough funds in the estate to settle the debts. Solely incurred debts cannot be inherited, so if there are insufficient funds, no one else can be expected to pay them.
Depending on the type of asset held by the deceased and its value, it may be necessary to apply for a Grant of Representation in order to collect in estate funds.
| If there is a will, the Grant you will obtain is called Probate | BOTH DOCUMENTS ARE ISSUED BY A COURT CALLED THE PROBATE REGISTRY |
| If not, the Grant you will obtain is called Letters of Administration |
To apply for a Grant of Representation, you will need:
- the original will, if one was left by the deceased
- a tax return, irrespective of whether inheritance tax is due to be paid
- This is usually either an IHT 205 or IHT 400, with any applicable schedules
- if tax is due to be paid, a receipt from HMRC
- an oath, that you have sworn as being accurate
- to pay the court application fee
Collect in the assets
For example, arrange the release of funds held within bank and building society accounts, life insurance and private pension policies, sell personal and household items and property.
Pay any debts and liabilities
For example personal loans and credit cards, utility bills unpaid at the date of death and incurred during the course of the estate administration, funeral costs and the expenses of the estate administration.
Distribute the estate
In accordance with the terms of any will or the intestacy rules.
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