The UK’s Trusted Probate Specialists

Probate Blog

Can A Beneficiary Witness A Will?

Given the current pandemic sadly many people are thinking of making a will, with this there are lots of questions about the validity of wills, in particular who can be a witness ? The starting point is the Law. The rules relating to the formal requirements of wills are contained in the Wills Act 1837,…

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Can An Executor Contest A Will ?

The Executor is the person appointed to administer the estate under the terms of a will, but what happens if the executor is unhappy with the will ? Often when wills are contested the estate administration is often put on hold until the dispute is resolved. If you are an executor and are unhappy with…

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Undue Influence Meaning

Contesting a will is never straightforward, however one of the most worrying cases we handle are those involving undue influence. Typically, undue influence cases arise when a will is suddenly changed with no apparent explanation with an estate often left to someone outside of a family. The onus of proving undue influence always rests upon…

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Probate Court Fees 2019

Probate Court Fees 2019 The Government announced late in 2018, a substantial increase in the Court fees when applying for probate. So what does this actually mean and when will the increase take place ? The present position Currently, there are fixed fees that the Government charge when applying for probate. The fees differ depending…

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Probate Solicitors Near Me

Are you an Executor or family member that’s been told you need probate ? knowing who to turn to is never easy but with our guaranteed fixed fee probate service, we aim to make the whole process simple and straightforward. It might be that you need probate to :- close a bank account sell a…

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Inheritance Tax and Gifts

The UK’s Trusted Probate Specialists Death Duties as Inheritance Tax is frequently called often raises lots of questions, a common issue that arises is the treatment of Gifts. Gifts in a will Gifts that pass between spouses or to charities are exempt from inheritance tax Gifts made during the lifetime of the Deceased Everyone has…

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Do I have to pay Inheritance Tax ?

A frequently asked question when someone dies is whether Inheritance Tax has to be paid ? the answer as the article discusses depends on a number of factors. The Inheritance Tax threshold The basic rate of inheritance tax is 40% above £325,000, this is known as the Nil Rate Band. In April 2018, the government…

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Court Funds Office and Probate

The Court Funds Office is the Government Department that holds funds on behalf of someone, under a Deputyship. If a person dies and has had their affairs managed by the Court Funds Office (CFO ) then there is a specific procedure to be followed to release assets held. Firstly, the CFO will need to be…

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Help Contesting a Will ?

If you have been left out of a will or cut out of a will, what do you do and who can provide you with help ? The short answer is that you immediately need to seek expert legal advice from a lawyer experienced in contesting wills. Knowing where to start is often difficult however…

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Probate Deadlines

A frequently asked question is whether there is a deadline for applying for probate ? In summary the answer very much depends upon the value of the estate. If inheritance tax is payable by the estate, then the rules provide that a full inheritance tax return ( an IHT form 400 ) must be filed…

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Defending A Will

If you are an Executor and are faced with an unhappy family member who has been cut out of a will what do you do ? The will and disclosing a copy The starting point in all cases is of course the will. In our experience a lot of animosity is caused by relatives refusing…

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Probate Costs Calculator

Whilst there are are lots of questions commonly asked about probate, the most common is arguably How Much does it cost ? Assessing the costs of probate is never easy as no one case is the same. There are a number of important factors when determining costs and hopefully this article will help clarify some…

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Shares and Resealing Probate

If the Deceased held shares then you will often notice various paperwork from a company called Computershare. They are a share registrar and administer the share holdings of many UK based PLC companies. So what is the process required to release the shares held by a Deceased person ? ultimately it depends upon the value…

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Can I change a Will ?

A surprisingly asked question, which we answer regularly is whether a will can be changed after probate has been issued ? in short the answer is yes ! however the rules are very strict. In summary there is something called a deed of variation. This is term given to the deed that enables the terms of…

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Probate 2017

Getting started with probate can be confusing, just knowing what to do and how to obtain probate can be difficult. So within this article we have set out the most commonly asked questions, and answers :- What is probate ? Probate is simply the legal term given to the process that has to be followed…

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How To Remove a Caveat

Very often we are contacted by a an executor or Administrator who has applied for probate, only to be informed that a caveat has been issued and as such the probate registry are unable to issue the Grant of probate. If this has happened to you what can be done next ? What is A…

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Contested Wills Court Cases

Contested will cases are on the increase with regular headlines of someone being Cut out of the Will, as a firm that specialise in contesting a will claims, we have proven track record of success in this area of law – you can review some of the many cases we have handled by clicking here.…

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Who Can Witness a Will ?

A commonly asked question is who can be a witness to a will ? The requirements are the will must be witnessed by at least two witnesses, with the following factors adhered to :- the witnesses and the testator must all be present at the same time when the will is signed the witnesses should…

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Interim Death Certificate and Probate

Sometimes after someone has died the death will be reported to the Coroner. Typically, this will arise if the cause of death is unknown, violent or unnatural. If this is the case, the Coroner may well decide to hold an Inquest which would mean that the death cannot be registered until after the Inquest has arisen. The…

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Letter of Administration

After someone has died, and has not left a will, then a legal document has to be obtained that deals with the deceased persons assets. That document is called a Letter of Administration, the full legal term is a Grant of Letters of Administration. Here is what you need to know about a letter of…

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International Probate Lawyers UK

Are you an overseas Executor, Administrator or lawyer requiring help releasing assets in the UK  ? if so we can help. Understanding the legal process in the UK can be complicated if the Deceased was domiciled and living outside the UK prior to their Death. In the UK, after someone has died the legal process…

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How Many People Don’t Have a Will ?

Numerous reports are made each year regarding the number of people that actually make a will. Sadly, the number doesn’t appear to be rising. Currently, only 30% of the population have a will, so why is this ? The most common reason is often that whilst young most people don’t have many assets and therefore don’t feel…

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When is Probate Needed ?

A Grant of Probate is the legal document issued by the Probate Registry to an Executor named in a will. It is this document, that banks and other financial institutions will require after someone has died, to release assets held by the Deceased. But is probate always needed ? A Grant of Probate is not normally required…

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Case Studies In Contesting a will

Contested probate is a very specialist area of law, and choosing the right solicitor is never easy, however to any client thinking of appointing a Solicitor to either  act or defend a claim against an estate, the first question should always be – what is the experience and how many contested probate cases has the Solicitor actually…

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Why Make a Will ?

Establishing the exact number of people without a will is always difficult, however the recent YouGov survey found that 59% of the population didn’t have a will, given this why do people make a will and what are the most important reasons for making a will anyway ? What happens when you don’t make a will…

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DWP Notification after Probate

As a specialist probate firm, we are regularly seeing cases when the DWP give notice that they investigating a deceased persons estate. The DWP will automatically receive a copy of the probate once issued by the probate registry. If means tested benefits have been claimed by the Deceased, it is standard practice for the DWP…

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Aunt has died and left no will

If you are a niece or nephew and your Aunt has died – what happens when there is no will ? The starting point is always to double check that your Aunt has not left a will. You can check with Solicitors, banks, Companies like Certainty or contact will writers. If no will exists then…

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Cost of Probate

Perhaps one of the most frequently asked questions relates to the cost of probate. The traditional view is the probate is expensive with high fees charged by Solicitors with the process taking months to resolve and sort out. Put simply it doesn’t cost a lot and we can obtain probate within 4-6 weeks. Recognising the…

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Probate In 2014 Help

If you are helping with the administration of an estate and have come across the term probate, what does it mean, and when is it required ? and how do you obtain it ? What does probate mean ? When someone dies a legal process has to be followed. This process is known as probate…

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Caveats In Contested Probate

If you are unhappy with a will it is important to immediately seek legal help. In any contested probate claim, it is always important to try and prevent probate being issued, so that appropriate investigations can be undertaken.To do this, something called a Caveat can be issued. This is a fairly straightforward procedure and involves…

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How does Probate Work ?

Probate can at best be confusing so where to start ? what is important is to find out whether you actually need probate. Typically, if the deceased person had assets in excess of £15,000 a grant of probate will be required, which is in essence a legal document issued by the probate court ( called the…

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Probate Solicitors

When to use a probate solicitor As a firm specialising in probate, we are often asked whether it is necessary to seek help from a solicitor when applying for probate. Whether to use a solicitor depends upon a number of factors, however as a guide the following points should be considered :- if you need probate urgently…

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Applying for Probate

Applying for probate varies according to whether the Executor or Administrator appoints a probate solicitor to apply for probate. If a Solicitor is instructed the Executor will be sent two legal documents to sign. The first is called an Oath for Executors. This is a legal document that sets out the basis for the application.…

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Do I Need Probate ?

Do I Need Probate ? whether you need probate typically depends upon the size of the Deceased persons assets and liabilities. If assets exceed £15,000, then a Grant of probate will need to be obtained, other cases when probate will be required are as follows :- to claim monies under a life insurance or under a death…

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What is Probate ?

What is Probate ? Arguably the most common question raised to a probate solicitor is what is Probate  ? and why is it required ? After someone dies a legal process has to be followed to manage a Deceased Persons assets. For example, banks and building Societies need to know who to pay monies to when…

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