Probate FAQs

A family member or friend has just died.  What do I do?

What is Probate, or a Grant of Representation?

Do I need a Grant of Representation?

Can an estate be administered without the assistance of a solicitor?

How long does it take to get a grant of representation, and how long is the entire probate process likely to last?

When is Inheritance Tax payable, and who is liable to pay it?

How is Inheritance Tax calculated, and what is the Nil Rate Band?

I have been named as an executor in a Will, or I am the next of kin to the deceased where there is no Will.    What are my duties and responsibilities, and can I avoid these duties if I do not wish to get involved?

What is the deadline for obtaining a grant of representation?

How much are your fees to handle a probate matter?

Estate Planning & Will Drafting FAQ's

Do I need a Will?

Do I need a solicitor to draft a Will for me?

I have worked hard and have paid income tax all my life.  The last thing I want to do is let the government take 40% of my taxable estate upon my death.  How can I avoid paying inheritance tax

What is the Nil Rate Band and Why would I want a Nil Rate Band Trust?

What is a Deed of Variation, or Deed of Family Arrangement?

Can I draft my Will in such a manner as to avoid Probate?

The only way to avoid probate entirely is to ensure that all of your assets and liabilities are either held jointly, held in trust, are outside of your estate upon your death, or are small enough to be passed to beneficiaries without a grant of representation.   Even then, the estate may need to file Inheritance Tax documents.

This type of planning grows increasingly impractical as an estate gets larger, and of course holding all of ones assets jointly may not be practical for one of many reasons.  While avoiding probate is possible in some cases for some simple estates, and while it may be a desirable result in all cases, the risks and burdens that fall to you in planning with this as a priority may outweigh the modicum of benefit to your heirs.  However, we can help guide you through this planning process and would be happy to provide more advice on which options will best suit your estate.