We have over 75 QUALIFIED PROBATE SOLICITORS covering England, Wales and Scotland, all with comprehensive probate liability insurance, the full support and regulation of The Law Society and all charging an agreed LOW FIXED-FEE with NO hourly charges. Join thousands of satisfied clients since 1989 and REQUEST A FIXED-FEE QUOTE NOW.

USEFUL WEB LINKS:

Very useful links to other web sites that we add to according to our frequently asked questions (FAQs),
questions asked of a Probate Solicitor and links to our sponsors:

SOLICITORS OFFERING FREE ADVICE (on ALL areas of law) http://www.venables.co.uk/individx.htm

FREE LEGAL ADVICE (listed by topics of law) http://www.venables.co.uk/individr.htm

HOW TO STOP A PROBATE PROCEEDING http://www.hmcourts-service.gov.uk/cms/1186.htm

PROBATE REGISTRY OFFICES DIRECTORY http://www.hmcourts-service.gov.uk/infoabout/civil/probate/registries.htm

ALL ABOUT INHERITANCE TAX http://www.hmrc.gov.uk/inheritancetax/index.htm

TAX AFTER YOU HAVE INHERITED http://www.hmrc.gov.uk/inheritancetax/tax-when-you-inherit.htm

WHAT IS EXEMPT FROM INHERITANCE TAX? http://www.hmrc.gov.uk/inheritancetax/pass-money-property/exempt-gifts.htm

ALL ABOUT CAPITAL GAINS TAX http://www.hmrc.gov.uk/cgt/intro/index.htm

CAB FREE LEGAL ADVICE http://www.citizensadvice.org.uk/index/getadvice

TAX & BENEFITS AFTER A DEATHhttp://www.hmrc.gov.uk/bereavement/index.htm

WHAT IS PROBATE?:

Below is a simplified explanation of the reasonably complex process of
probate, again in response to frequently asked questions:

What Exactly is Probate?
 
The term 'probate' means the issuing of a legal document called a 'grant of representation' by the Family Division of the High Court in England and Wales authorising one or more people to sort out the past financial affairs and to deal with the estate (the money, property and possessions) left by someone that has died in England and Wales. In Scotland a similar process is called 'Confirmation'.
 
Who gives a Grant of Probate?
 
A division of the High Court called 'The probate registry' issues the 'grant of representation' to the person legally entitled to apply for it (see below).
 
These are THREE main of grant of representation:
 
1. PROBATE which is only issued the executor(s) named in the deceased will.
 
2. LETTERS OF ADMINISTRATION (WITH WILL ATTACHED) Issued when there is a will, but there is no executor named, or when the executors are unable to apply for any reason.
 
3. LETTERS OF ADMINISTRATION which is issued when the deceased had not made a will, or any will made proves to be invalid.
 
 
Why do I need a grant?
 
Companies and organisations holding money in the deceased's name need to know who to pay the money to and the grant is proof that the person named in it can collect the money.
 
The estate left when a person dies passes to the people named in his or her will. If there is no valid will it passes on to his or her legal next of kin. The distribution of the estate to the correct people is the responsibility of the person named on the grant.
 
Is a grant always necessary?
 
Sometimes a grant is not needed and you may wish to ask anyone holding the deceased's money whether they will release it without seeing a grant. If they agree they may attach conditions.
 
Among these are insurance companies and or building societies. You will also not usually need a grant when a house is held in joint names and it is clear that the house automatically becomes the property of the surviving owner.
 
If you are in doubt on this point you may need to ask a solicitor whether a grant is needed to change the ownership. You will need a grant to transfer or sell a property held only in the deceased's name.
 
However, if just one organisation requests a grant is obtained, then it is normal for all the other organisations to request sight of it before releasing funds to you.
 
Am I the right person entitled to a grant?
 
There are rules which govern who may be given a grant of Probate or Letters of Administration.
 
If there is a will with named executors they are the first people entitled to a grant of Probate. If there are no executors or the executors are unable or unwilling to apply, the next person entitled to a grant is any person named in the will to whom the deceased gives all his estate, or the remainder after the gifts have been paid.
 
If there is no will, or the will is found to be invalid, his or her legal next of kin should normally make application for a grant of Letters of Administration. As we are Probate Solicitors feel free to contact us if you would like to check whether you are the legal next of kin.