We understand that the death of a close relative or friend can be a difficult and distressing time.

We can make matters simpler by offering assistance to the Executors of a Will or a deceased’s next of kin (if they died without leaving a Will, known as an ‘intestacy’) in concluding their financial and other affairs.

What we will do for you?

We will:

  • Assist in the location of the most recent Will if one exists.
  • Confirm the extent of all the assets, including property, savings and investments, as well as any debts owed by the Estate.
  • Deal with all tax-related matters, including the calculation of any Inheritance Tax due, as well as other taxes such as Income Tax and Capital Gains Tax which may arise during the course of the administration.
  • Arrange to settle any taxes.
  • Apply for a Grant of Probate (where there is a Will) or a Grant of Letters of Administration (where there is no Will).  If required, this is decided by the value of the Estate and is needed to enable the Executors to administer the instructions and wishes contained within the Will, or to follow the rules of intestacy.  When applying for a Grant of Probate/Grant of Letters of Administration, an estimate of the final value of the Estate is prepared by us which we then update when actual values are realised.  Usually this includes the sale of assets in accordance with the wishes of the Estate, such as houses, cars, jewellery, art, stocks and shares etc and this is then added to various other classes of assets, such as insurance payments, refunds, pension settlements, the release of bank balances and so on.
  • Work closely with the Executors during this process, which can be lengthy as sales are realised and maintain a constantly updated financial statement as we go along.  It is very important that we assist as much as possible to maximise the value of the return from sales and settlements and we maintain ongoing professional links with other professionals, such as auction houses, stockbrokers, tax accountants and advisers to assist.
  • Distribute the assets in accordance with the Will or intestacy. Depending on the size of the Estate and the complexity of the distribution between the beneficiaries, we can make interim payments as and when we receive funds into our client account.  That, too, would be following our advice to Executors and their subsequent instructions to us.

How long does it take?

It is best to explain how a simple probate matter would proceed, assuming that the value and structure of the Estate is straightforward and the distribution of the funds is simple.

In this scenario, we would expect to obtain a Grant within three months of the date the individual died, and to complete the administration of a straightforward Estate within a further three months of that date.  However, we are in the hands of third parties and delays can occur for example, if a property sale falls through without notice.

Frequent communication between the Executors and their legal advisors here is very important, particularly if something happens to slow the process down.

For further information please contact: [email protected], [email protected] or [email protected] 

Private Client

NameScott Cammish
Telephone01684 892000

NameVictoria Knight
Telephone01684 892000

NameChris James
PositionSenior Trusts & Estates Practitioner
Telephone 01684 892000