The following questions are designed to help you to decide which level of service is likely to be most appropriate for you in obtaining a grant of probate.
Richard Nelson LLP offer three levels of service:
The following guide will help you to determine whether there are likely to be complications which would make obtaining and dealing with a grant yourself complex and difficult. Please note that it is only intended to be an indicator. You may be very happy dealing with a complex estate or would prefer the security of knowing that even some of the simpler issues were being dealt with for you.
In any event, please feel free to contact Richard Nelson LLP if you have any queries about how to proceed. Details of our costs and services can be found at www.your-will.com/probate.
You are unlikely to need to obtain a grant of probate.
Provided that the total value of the deceased’s assets (excluding, for example, a house held as joint tenants) does not exceed £5,000.00 then it is likely that a grant of Probate or Letters of Administration will not be required. It is usual in such cases for banks or building society simply to ask to see a certified copy of the Will and the Death Certificate in order to release any monies.
If, therefore you are the executor or administrator of such an estate you should ascertain whether those banks or building societies will release money in this way before going to the expense of making an application for a grant of probate.
You are unlikely to need to obtain a grant of probate.
If the deceased person’s estate comprises only jointly owned property (for example with a spouse, civil partner or cohabitee) then there may not be a need for a grant of probate to be obtained. If all of the bank accounts were in joint names, the house and any other property was owned as joint tenants (as opposed to tenants in common), and the only other assets are joint household property then it is likely that a grant of Probate or Letters of Administration will be unnecessary as the deceased’s share in any property will have passed automatically to the other joint owner.
All that you are likely to need to do is to:
If the value of the estate is under £100,000 and there are no other complications then there is probably no reason why you should not either:
However, be aware that problems can still arise, especially where there are additional complications, such as:
If these, or similar, problems do, or look likely to, arise then we would suggest that you choose our fixed price full administration service.
If the estate is worth more than £100,000 then there is the possibility that you are starting to move into the areas where difficulties (share valuations, overseas assets, business assets, etc) could start to arise and in addition you could easily find yourself slipping into the kind of values where Inheritance Tax might become payable.
Whilst many estates of this value are still relatively straight forward, consisting perhaps mainly of the house in which the deceased lived, nevertheless they can still present problems, even if that problem is simply disposing of the deceased’s home and realising it’s value.
If you are comfortable handling matters such as this then we would suggest that you use our fixed price grant application only service. However, if you have any doubts, or you are unsure as to how to handle matters, then our fixed price full administration service is probably the correct choice for you.
In any event, bear in mind that problems can still arise, especially where there are additional complications, such as:
If these, or similar, problems do, or look likely to, arise then we would suggest that you contact us to discuss the matter further.
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If the value of the estate after the payment of debts, liabilities and tax exempt gifts is going to be greater than the threshold for Inheritance Tax (£325,000 for the tax year 2011-2012) then you should think seriously about instructing a solicitor to assist you in dealing with the Grant of Probate or Letters of Administration. Aside from the additional complexity of dealing with the tax, there may be steps that could be taken to reduce the liability or there may be unused allowances that could be set against the liability.
We would suggest, therefore that you contact us to discuss the matter further.
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If the deceased was cohabiting without being married then it is possible that the other person may not have had adequate provision made for them and there will need to be an application under the Inheritance (Provision for Family and Dependants) Act 1975.
Whilst many cohabiting couples do make adequate provision, even if the Will makes all necessary provision, there could still be a problem if the estate is likely to be subject to Inheritance Tax and the main, or even only asset was a matrimonial home in the name of the deceased only.
Further problems will arise if there was no Will. Under the laws of intestacy a cohabitee is not going to benefit directly and there is a strong possibility that they would need to make a claim under the 1975 Act for appropriate support.
We would suggest, therefore that you contact us to discuss the matter further.
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If any of the beneficiaries are under the age of 18 and they are receiving more than just an item of property or a small gift of money then there may be issues such as holding money or property in trust for the benefit of that person until they reach of 18, 21 or such other age as is referred to in the Will.
If this is the case, we would suggest, therefore that you contact us to discuss the matter further.
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If the deceased was either an owner of, or a partner in, a business or a farm then there are a number of issues which might arise and cause complications, including:
If this is the case, we would suggest, therefore that you contact us to discuss the matter further.
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Often it will be known that there is a Will, but either it’s exact whereabouts are unknown or the original is missing and only a copy is available.
If this is the case then you may be faced with making extensive enquiries as to the whereabouts of the Will or you may need to apply for probate using a copy of the Will if the original cannot be found.
It is possible to apply for a grant of probate where only a copy of the Will exists. However, you are going to need to satisfy the Court in relation to certain factors before they will issue the grant, including:
Normally, an affidavit (a legal statement) from the executors will be required and the Court will want details of any members of the deceased’s family who would stand to lose out if the copy Will is admitted to probate.
In circumstances such as these we would strongly recommend that you contact us for further advice.
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If there is any doubt as to whether the Will is valid, or if the Will has not been properly executed or contains clauses and provisions which are contradictory or uncertain, then you may find that you are faced with beneficiaries, or relatives who have not benefited, contesting the Will.
In circumstances such as these we would strongly recommend that you contact us for further advice.
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If you are unsure as to the whereabouts of a missing beneficiary or if the Will is unclear as to who the beneficiaries actually are, then you may find yourself in a position of having either to instruct agents to trace the beneficiary or to deal with a contested Will.
In circumstances such as these we would strongly recommend that you contact us for further advice.
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If the estate of a deceased person is insolvent then different rules apply as to how it is to be dealt with.
Whilst the estate may be able to be administered informally without a formal insolvency administration order nevertheless there will be difficulties and any provisions relating to the beneficiaries will not apply.
Also, creditors of the deceased need to be paid in a particular order according to their priority. Thus, ordinary creditors – that is to say those who have no special priority or security – must be paid last and in proportion to the other creditors. Making an incorrect payment, or paying a creditor in full when the others have not been paid, could render the executor personally liable – for example to pay all the other creditors in full.
In circumstances such as these we would strongly recommend that you contact us for further advice.
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If the deceased left any money or property in a trust – whether:
then you are going to face issues such as ensuring that the trust is adequately administered or that the partner receives an adequate return on the capital.
In circumstances such as these we would strongly recommend that you contact us for further advice.
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Learn more about what is involved with a probate or administration, by download our fact sheets below.
Alternatively, complete our probate questionnaire and return this to us and we will contact you discuss how we can assist in taking the matter forward.
Not sure which level of service is appropriate. Either phone us or go to our Which Probate Service page where you will find many of your questions answered.