Probate Articles

Executors and beneficiaries often disagree about what information should be shared during probate. Learn what updates beneficiaries can reasonably expect, what estate accounts typically include, and how executors should handle requests for documents.

If you’ve been named as an executor in someone’s will, it can feel daunting. This step-by-step guide explains an executor’s duties, from locating the will and securing assets to probate, tax, paying debts and distributing the estate, along with what to do if you need help or cannot act.

A practical guide to the probate process explaining the five key stages from the immediate post-death steps through to valuing the estate, inheritance tax reporting, applying for the grant and final administration and distribution.

When someone passes away with a modest estate, full probate may not be required, but simplified administration carries the same legal responsibilities. Understand the UK rules, institutional thresholds, and when professional advice is essential.

Dying without a will means losing control over who inherits your estate. The rules of intestacy determine exactly who receives what, and the results can be surprising, particularly for cohabiting partners and stepchildren.

Probate can currently take anywhere from a few months to over two years to complete. What are the key stages involved and what can delay the probate process?

Many people mistakenly believe that an attorney under an LPA automatically becomes the executor of their estate after their death. This is wrong. Understanding these differences is crucial for effective estate planning and avoiding confusion.

Understanding how to apply for probate with or without a will, from gathering documents to distributing assets, helping you manage probate, while overcoming any potential hurdles.

A simplified guide to Inheritance Tax for executors and administrators. Learn about key thresholds, exemptions, and reliefs, including the Nil Rate Band and Residence Nil Rate Band, to manage estate taxes effectively.

When someone passes away, their loved ones are often left with numerous emotional and legal responsibilities. Two terms that frequently arise during this process are ‘power of attorney’ and ‘probate’. But how do they differ?

Executors can act together or alone, but an executor cannot go against the terms of the will, breach their fiduciary duty, fail to act, self-deal, embezzle or harm the estate through neglect.

Receiving an inheritance can be the end of a complex process, and unfortunately, some beneficiaries find themselves in a situation where they haven’t received the money they were left in a will.

Most people appoint one or two executors and it’s wise to provide in your will for replacement executors in case one or more of the executors die before you or are unable or unwilling to act as executor after you die.

Anyone who has been involved in applying for a grant of probate and administering an estate after someone’s death, will know that the process is always time consuming and can be complex which can significantly impact the cost of probate.

Probate without a will, also known as intestacy, presents a unique set of challenges in the UK’s legal landscape. When an individual passes away without a will, the distribution of their estate is governed by specific rules, and the process involves obtaining a Grant of Letters of Administration.

Probate can be a complex and time-consuming process, especially if the estate is large or has multiple beneficiaries. A probate solicitor can help guide you through the probate process and ensure that everything is handled correctly.

If you’re dealing with an estate which includes a house, flat or land which is to be sold or transferred, you are likely to need a grant of representation (probate, or letters of administration) to complete the transfer or sale.

An administrator of an estate is the person who looks after the probate process including valuing the estate, paying any inheritance tax due, applying for probate, collecting the assets and distributing the assets to the beneficiaries.

A gift with reservation occurs where, for example, a parent gifts their home to their children and continues to live in the property. How does this impact Inheritance tax and what is the 7-year rule for lifetime gifts?

A beneficiary of a will or an intestacy has a right to receive their inheritance. While the responsibility for administering the estate and paying out the money lies with the executors, beneficiaries do have legal rights in the UK.