Probate
What is probate?
Probate, also known as a “Grant of Probate’ or ‘Letters of Administration’, is the term used to describe the process of obtaining authority from the Court to allow a person or persons named in a Will, or as next of kin if no Will is available, to act in the financial and legal affairs of a person who has died.
It is an important process, and the Grant of Probate/Letters of Administration is an important document. It involves dealing with the deceased's assets and providing to the Court and HM Revenue & Customs a breakdown of their liabilities and assets. It may also require the payment of Inheritance Tax. Once obtained, Probate allows the executor or administrator to distribute the estate in accordance with the Will, or the rules of intestacy if no Will is located.
Why use a lawyer to obtain probate?
Experience
Lawyers are experienced professionals who are trained to deal with complex legal documents and circumstances and, also, a good lawyer should be trained and be able to deal with the emotional circumstances that arise. We offer a personal service. This is important given the complexity of estates.
Independence
Lawyers are entirely independent. We do not have connections with banks, funeral companies, building societies, charities, supermarkets or pension companies. We must operate independently and ensure that you get the correct advice and support in a timely and efficient manner.
Insurance
The close regulation of solicitor practices by the Solicitors Regulation Authority and the overall professionalism of the industry mean that errors in professional advice are rare but, in the event of any negligence, regulated firms are insured. You would also be able to make a complaint to the Solicitors Regulation Authority. This is important. Some companies often use non-qualified lawyers, are not always regulated and do not have to have insurance in place.
Why use Carreg Law as your lawyer?
We are conscious that dealing with Probate can be challenging for clients during such an emotional time and, although it is possible for clients to apply for Probate themselves, completing the Probate forms and making the application to Court can take considerable time and effort and can be very costly if done incorrectly. There are also other factors to consider such as Inheritance Tax.
We, at Carreg Law, are here to assist you and can offer compassionate support during this difficult time. We also try and ensure any Inheritance Tax paid is minimised. Probate matters are currently conducted by Carys and Wendy, who have expertise and experience in this area of law. Further, Carys is fluent in Welsh.
How long does probate take and how much will it cost?
Timescales and costs can vary according to the complexity of the estate and type of support you choose. We will give you a more accurate estimate once further details relating to the estate are known. However, if you are looking for a general idea of how much it will cost and timings please see our probate costs and process page:
Find out more
Find out more about Carys and Wendy on the meet the team page.