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How Can a Probate Lawyer Provide Assistance?

When a person passes away, the process of administering and distributing the estate and property of a Deceased person is known as ‘Probate’. The word 'probate' generally refers to the legal and financial steps involved whilst dealing with money, property and other assets, of the deceased person. The Probate process differs from case to case and depends upon the complexity of the Estate involved. In such cases, hiring a probate lawyerfrom Tollers is your one stop solution to breaking down the whole process and simplifying it.

At Tollers, a probate lawyerwill provide assistance to apply for a grant of probate on behalf of any named executor in the Will, or next in line under the laws of intestacy where there is no Will, which will then allow them to transfer, claim, sell or distribute the Deceased’s assets. 

Please contact us for completely free advice on 0333 414 9191 or email yourdispute@tollers.co.uk.

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Who are Personal Representatives?

A personal representative is a person with the legal authority to stand in the shoes of the deceased person in order to conclude that person’s affairs and to supervise and manage their estate assets in accordance with their Will or the laws of intestacy. A probate lawyer at Tollers can help a personal representative to understand their exact role and the responsibilities they have over an Estate.

The executors appointed either in the Last Will and Testament of the Deceased or named in the Grant of Letters of Administration where there is no Will, are the Personal Representatives of the Estate.

Personal Representatives, Executors and Administrators

'Personal representatives' is a term which comprises both administrators as well as executors. Within the terms of a Will, the testator will have specified a person to administer their estate according to their stated wishes, in which case they will be called the executor. Exceptions to this will be simple and straightforward very small estates, where a Grant of Probate is not required from the Probate Registry, in order to administer and distribute the limited assets. In order to enable the executors to deal with the deceased person’s estate and property, they will typically need to apply for a grant of probate.

In the absence of a Will, personal representatives are appointed as administrators. A Grant of Letters of Administration will be required from the Probate Registry by the personal representatives to prove their entitlement to deal with the decedent’s affairs under the laws of intestacy.

In some limited cases, a Will may exist but no executors are expressly specified in the Will. Or, all named executors may choose to renounce their role. In such circumstances a grant is referred to as a Grant of Letters of Administration with Will Annexed and here the personal representatives are referred to as Administrators rather than Executors.

A probate lawyerat Tollers will assist you in determining the type of personal representative to be appointed, depending upon the circumstances. 

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Who is a Probate Lawyer?

A probate lawyer is a legal profession who, through years of continued professional development, learning, mentoring and experience, understands and guides Personal Representatives and the ultimate beneficiaries of an estate on the administration and distribution of a Deceased’s Estate.

A probate lawyeronce appointed will typically take a Personal Representative through the probate process from beginning to end. The various steps will differ depending upon whether the Deceased died with or without a Will. 

Duties and Roles of a Probate Lawyer

A probate lawyerperforms a number of duties to simplify the process of probate. Firstly, the probate lawyer ensures the appointment of a personal representative by filing an application for a Grant. They may also deal with claims filed by creditors and issue notices to them and to various beneficiaries named in accordance with the Will.

After completion of the various administrative duties, the probate solicitor will draft and disclose final estate accounts for approval by the personal representatives prior to final distribution, detailing the assets collected in, the liabilities paid out and the net balance available for distribution.

You can seek the assistance of a contentious probate lawyerfrom Tollers, if you are a beneficiary of an estate, for example where you are disputing the steps that may have been taken by a personal representative during the probate process. This is likely to happen in cases where there may be a clash between the beneficiary and the personal representative owing to a number of reasons. When the beneficiary seeks to bring a claim, contentious probate solicitors can draft and file such claims on your behalf.

Please contact us for completely free advice on 0333 414 9191 or email yourdispute@tollers.co.uk.

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When will you need a Probate Lawyer?

A probate lawyercan impart their expertise to make the entire procedure less stressful. It is advisable that you seek the advice of a probate lawyer, particularly under the following circumstances:

• The estate is still earning income regularly
• Where taxes are outstanding
• The value of the estate exceeds the Inheritance Tax threshold.
• Acquiring and securing assets falling both within and outside of the Estate.
• Keeping track of the estate accounts.
• Determining the net value of the Deceased’s property and estate.
• Assuring that all the probate documents are correctly filed and presented in a timely manner.
• The Deceased has left no Will and it will be challenging to administer the estate.
• There are concerns with regards the validity of the will.
• Conflicts between the beneficiaries and the Personal Representative need to be settled.
• The Deceased had financial dependents who were consciously left out of the Will and who may seek to bring a claim upon the estate.
• The estate is complicated containing assets and shares held in trust.
• Life insurance proceeds and income tax issues need to be addressed.
• Permission needs to be requested from the court for a step to be taken.
• The estate is potentially insolvent.
• The estate consists of foreign assets and property.
• The Deceased resided outside the UK for tax reasons.
• The Deceased’s assets need to be transferred into the names of the beneficiaries where the assets are not being sold.

Distribution of the Deceased’s assets amongst the beneficiaries, after the payment of all liabilities.

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How do Probate Lawyers Assist in Applying for Probate?

If you are the appointed executor or administrator, you will need to obtain a Grant of Probate or Letters of Administration. A probate lawyercan guide you and assist you in understanding this process.  The following types of grant are available:-

• Grant of Probate if you are an appointed Executor in the Will
• Letters of Administration if you are the Administrator where there is no Will (known as dying intestate)
• Letters of Administration with Will Annexed (typically where you were not the originally named Executor under a Will)

A Grant of Probate is issued by the Probate Registry. Once an application has been made it typically takes 3-5 weeks for a Grant to be issued. However, if there are complexities, outstanding issues, or a mistake made whilst filling out the probate application, the issue of the Grant to the personal representative can take longer.

There may be more than one executor named in the Will to administer the Estate. 

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How Do I Obtain a Grant of Probate?

You can employ a probate lawyer from Tollers to apply for the grant on your behalf. They will submit a complete probate application form on your behalf and relevant inheritance tax form to the Probate Registry. These can be downloaded from the HMRC(HM and Revenue Customs) website or from the Probate Registry. Two types of Inheritance tax forms are available:

• IHT205 – if you anticipate that there will be no inheritance tax to be paid. The inheritance tax threshold at present is £325,000.
• IHT400 – if you anticipate inheritance tax to be payable. Additional forms for the same will also be required.

An ‘oath for executors’ will be administered. This must be sworn in the presence of a probate lawyer. The executor’s oath is a binding promise that any information provided by him/her about the estate is true to the best of their knowledge.

A Grant of Representation is not always needed if for example the Deceased had cash assets worth less than £5,000, or owned everything jointly as beneficial joint tenants with someone else. A Grant is generally required if the Deceased left:

• An amount more than £5,000
• Shares or stocks
• Land or a house
• Various insurance policies

NOTE: Banks and other financial institutions determine and set their own threshold limit above which Probate will be required. Thus, it is recommended to check with the individual institution if they require a Grant of Representation or not.

Please contact us for completely free advice on 0333 414 9191 or email yourdispute@tollers.co.uk.

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Timescales for a Probate Lawyer

Managing the affairs of a deceased person can take a long time. The probate process is generally straightforward but dependent upon the complexities and size of the Estate, it can be lengthy. Organisations like banks, insurance companies, building societies, HM Revenue and Customs may have involvement during the probate process, as will the named beneficiaries.

Other aspects that can have an impact on the timescale are:

• Whether the financial affairs of the Deceased are in order or not.
• If the Deceased had an interest and share in a business.
• The rules of intestacy are applicable.
• Any ongoing legal disputes pertaining to the Will.
• Pending Inheritance Tax

Disagreements between family members, beneficiaries and personal representatives can also prolong matters. Therefore a contentious probate lawyer canhelp you attempt to reach a settlement either before or after it becomes necessary to issue Court proceedings. 

Please contact us for completely free advice on 0333 414 9191 or email yourdispute@tollers.co.uk.

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Tollers & ACTAPS

The Association of Contentious Trust & Probate Specialists was first established back in 1997 for law specialists involved contentious trust and probate work.

The idea of The Association of Contentious Trust and Probate Specialists is to provide an open forum for specialists to swap stories, knowledge and an appreciation of the law and the specialist areas in which they operate.

It’s important to promote the specific skill sets that are in effect around this sector of the law through education and training to enable representations to be made to the specific governmental and judicial bodies in relation to trust and probate issues.

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ACTAPS Approved Members of the Toller’s Staff:

Tom Kings: Tom qualified as a solicitor in the mid-1980s and has gained significant experience in many different forms of business and private litigation, representing a number of substantial commercial and private clients.

Tom is a member of the Northamptonshire Law Society Council and former Chair of the Contentious subcommittee. For the last decade, he has specialised in Trust and Probate claims having completed the ACTAPS course. He has worked on a wide variety of challenged estate and inheritance claims. Tom has presented numerous seminars on the subject of challenging or contesting a Will.

Tom works as the head of a small, experienced team who are able to offer a range of different advice when a client decides to contest a Will.

Tiffany Wiggett: Tiffany officially qualified at Tollers in 2010 and currently operates as an Associate Solicitor in the contesting a Will team.

Tiffany specialises in contesting a Will and the financial abuse of the elderly and vulnerable.

In October 2015 Toller’s were proud to announce that Tiffany became a fully-fledged member of The Association of Contentious Trust and Probate Specialists, which means that she is officially recognised as a specialist in this niche arena. Tiffany advises upon all manner of disputes that arise after someone passes away and these include:

• Challenges to Wills,
• Inheritance Act claims,
• Proprietary Estoppel claims,
• Executor/beneficiary disputes,
• Challenges to lifetime gifts,
• Construction/Rectification of a Will,
• Professional negligence,

Financial abuse of the elderly/vulnerable.

Please contact us for completely free advice on 0333 414 9191 or email yourdispute@tollers.co.uk.

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Why Choose Tollers to appoint a Probate Lawyer?

Tollers pride themselves as specialist probate lawyer, we provide our clients with step by step guidance through a legally complex area.

We offer constant support, coupled with the best legal advice to Executors, Personal Representatives, bereaved family members and disappointed beneficiaries. Our offices are located in Northampton, Milton Keynes, Kettering, Corby, Stevenage, Kempston, Oakham and Uppingham.

Please contact us for completely free advice on 0333 414 9191 or email yourdispute@tollers.co.uk.