What is Probate? Your Questions Answered

Probate is the process of dealing with the estate of someone who has died, which generally means clearing their debts and distributing their assets in accordance with their will.  In most circumstances, it will be for the Executor or Executors named in the will to administer probate, or to instruct solicitors to administer probate on their behalf.

At the outset, all relevant third parties should be notified, and they will provide detailed information to assist in ascertaining all estate assets, and also any liabilities of the estate. This information will be used to calculate any inheritance tax that might be owed from the estate.

The Grant of Probate Process…

To manage the probate process a Grant of Probate will need to be applied for.  The application is submitted to the Probate Registry, a division of His Majesty’s Courts and Tribunals Service.

What happens if someone dies without a Will?

If someone dies without leaving a will, known as dying intestate, Letters of Administration are applied for instead and the estate is then distributed in accordance with the laws of intestacy.  This means that the estate will pass to a surviving spouse or civil partner.

What happens if there is no surviving spouse?

If there is no surviving spouse the estate will be distributed in a strict order.  If there are children, they will inherit all of the estate in equal shares.  If a child has already died, their children will inherit their share of the estate and so on.

What this means in reality is that certain individuals may not inherit, including stepchildren, therefore we strongly advocate the instruction of a solicitor to draft your Will to ensure that it reflects your wishes and is legally valid.

Applying for Probate

Our current experience is that most applications for probate are issued by the Probate Registry within 16 weeks.  It can take longer than that if further information is required.

It is important to note that any estate property cannot be sold prior to probate being issued.

In certain circumstances, probate can be contested, which could stop the Grant of Probate or Letters of Administration from being issued.  This situation could arise if the validity of someone’s Will is questioned i.e. where is it alleged that the person making that Will didn’t have the requisite capacity at the time of executing, or in other words signing, their Will.

Speak to our Wills & Probate team today

If you wish to discuss Probate with a member of our expert team, please contact us on 0191 2503200 or email probate@browells.co.uk.

Ongoing delays with Probate applications

HMCTS confirms that there has been a slight increase in the time it has taken to issue probate grants during July 2023. The vast majority of grants that were issued had been submitted digitally.

It is an established pattern, that digital applications issued without any “stops” (requests for further information) are issued with a much shorter average wait time.  This highlights the importance of ensuring that the application is correct at the time of submission.

Some applications cannot be submitted digitally and unfortunately paper applications on average take significantly longer to be issued than the overall average wait, with stops further increasing the delay.

Lord Wills of Knaresborough questioned the ongoing delays in the House of Lords recently and suggested that applications which do not require further information could be issued using Artificial Intelligence,  This is apparently being considered according to Justice Minister Lord Bellamy.

Is it possible to avoid delays in Probate applications?

Taking expert advice minimises the likelihood of stops and gives your application the best chance of being issued without unnecessary delay. If you would like to speak to our team of Probate solicitors contact us on 0191 2503200 or email probate@browells.co.uk.

Why should you instruct a solicitor to draft your Will?

Drafting a Will is a task that many people put off, often because it involves reflecting on their own mortality. However, to ensure that your wishes are carried out after you are gone and to make the process as easy as possible for your family it is essential to create a legally valid and accurate Will.

While many consider drafting a Will themselves or instructing a Will Writing Company there are compelling reasons why you should consider instructing a solicitor to write your will and assist you in this crucial endeavor.

4 reasons you should use a solicitor to write your will

1. Legal Expertise and Knowledge

By instructing a solicitor firm you are ensuring that your Will complies with all relevant laws and regulations. They possess in-depth knowledge in regard to the complexities and intricacies of a Will and can tailor your Will to your needs and preferences.

2. Face to Face appointments

We offer face-to-face appointments which provide a secure, private and confidential environment which enhances trust, communication and the overall quality of service.

3. Free Will Storage

We offer a complimentary Will storage service, along with the option to register your Will with the National Will Register. This ensures the safekeeping of your important legal documents as well as providing peace of mind that your Will is secure and easily accessible when required.

4. Estate Planning

Solicitor Firms can help structure your Will to take advantage of available tax exemptions and deductions, ultimately preserving more of your estate for the beneficiaries named in your Will.

Speak to our Will Writing Solicitors today

At Browell Smith & Co Solicitors, you can be assured of the high degree of skill and care required to give you peace of mind. If you would like to obtain more information or schedule an appointment to discuss your situation, please don’t hesitate to reach out to us. You can contact us on 0191 2503200 or email probate@browells.co.uk.

All initial 30 minute consultations are free of charge.