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After you die, a legal process known as Probate will need to be carried out by the person you nominate to administer your estate, known as the Executor. At Law4All we specialise in Probate and Estate Administration.

What is Probate?

Probate is when your Will is granted validity in court and declared a true testament of your dying wishes. To gain access to your estate, your Executor(s) will need a Grant of Probate which will give them permission to settle any debts and distribute remaining assets. 

Obtaining a Grant of Probate can sometimes be a complex and time-consuming task, which requires lengthy forms to be completed and correspondence with legal professionals. This maybe last thing someone wants to do after they’ve lost a loved one.

Once the Grant of Probate has been given, the Executor(s) will then need to manage your assets in a process known as Estate Administration. As part of this process, it is a legal obligation of your Executor(s) to:

  • Settle remaining debts

  • Calculate and pay Inheritance Tax

  • Distribute the remaining assets to the Beneficiaries

If the Estate Administration isn’t dealt with correctly, the Executor(s) may become personally liable for any outstanding debts and unpaid taxes. This is an added stress which we can help you avoid using our Probate and Estate Administration expertise.

At Law4All, we offer different levels of service depending on how much the executors are prepared to do themselves and our fees are fixed and agreed before any work is commenced. Our initial meeting to discuss your requirements is without obligation.

When is Probate required?

If the person who has died owned property or significant assets in their sole name, then probate will be required. 

Probate will also be needed if a financial institution, such as a bank, has asked for a Grant of Probate or Letters of Administration. 

If you are not sure whether probate is necessary, contact the financial institutions that hold the deceased person’s assets.

Choosing an Executor.

This can be a very difficult decision and you should never feel under pressure to choose family or loved ones, especially if you are not sure whether they will be able to handle the pressure or responsibility. That being said, some estates are simple and a loved one may be able to manage the process with ease. Whatever the case, just remember that Law4All are here to answer any questions you may have.

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