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?

There is no requirement that a grant be obtained at all, so long as the assets and liabilities may be handled without one.  In cases where a grant is required, such as for the transfer of title to property, again there is no deadline and we occasionally see clients who realise they require a grant many years after the death of the proprietor. 

However, the deadline that most people are concerned with is that imposed by HM Revenue and Customs, which begins charging interest on any unpaid IHT beginning six months after the date of death.  Normally, this six month period is adequate time to get the tax documents in order, although there is a small fine payable if those documents have not been filed within a year of the date of death.  Whether all of the IHT is paid on that deadline depends on the facts of the particular estate.  

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?