Probate and Estate Administration Solicitors

We can support you through administering an estate or handle the whole process for you

For two centuries, our clients have trusted us to help them make Wills and to take care of the administration of their estates, ensuring their assets are distributed according to their wishes when they are gone.

Our solicitors and legal executives have extensive experience in dealing with all aspects of estate administration. No estate is too large, complex or unusual. Our approach is rigorous but pragmatic, recognising that no two estates are alike and that the degree of advice and the level of assistance clients require can vary enormously. We respond flexibly to each situation, and depending on circumstances and the scope of work required by the Personal Representatives of the estate it may be appropriate to agree on a fixed fee for dealing with the administration of an estate at the outset.

How we can assist with probate and estate administration matters

How we can help with the probate process:

• Ensuring the appropriate valuation of an estate’s assets and liabilities for Probate and Inheritance Tax purposes
• Preparing and submitting all required paperwork and liaising with the Probate Registry to obtain the Grant of Representation, a document which gives Personal Representatives the power to deal with the winding up of an estate.

How we can help with estate administration matters:

• Dividing up assets to beneficiaries in accordance with the terms of the Will of the deceased or as dictated by the laws of Intestacy if there is no Will.
• Managing the assessment, payment and if appropriate, mitigation of Inheritance Tax, Income Tax and Capital Gains Tax for the Personal Representatives to maximise the funds available to the beneficiaries.
• Collecting monies owed to an estate from third parties and paying debts owed by the estate.
• Where appropriate, assisting in the sale of or transferring assets such as property, shares in businesses, land or other investments out of an estate in the most tax-efficient way.

Have a question? Please get in touch.

Reasons to choose Longmores for help with probate and estate administration matters

• Our probate solicitors possess extensive collective experience in managing estates of various sizes. They are well-equipped to provide expert guidance, even in intricate situations involving high-value assets and complex scenarios.
• Our team comprises professionals who are members of professionally respected organisations such as the Society of Trust and Estate Practitioners (STEP) and the Law Society’s Private Client Section.
• Our Private Client team is consistently ranked in leading client guide the Legal 500.
• Our Head of Private Client, Richard Horwood, has received an individual ranking from Chambers High Net Worth 2022 for his expertise in Private Wealth Law.
• Within our probate team, we have Alastair Liddiard, who is personally recommended in the Legal 500 for his expertise in Personal Tax, Trusts and Probate, Charles Fraser, who holds the STEP Advanced Certificate in Advising Vulnerable Clients with Merit and is a member of Solicitors for the Elderly (SFE) and Victoria Wood who holds the STEP Advanced Certificate in Advising Vulnerable Clients with Distinction.

Speak to our probate and estate administration solicitors

To discuss your requirements with our probate and estate administration experts, please get in touch.

01992 300333                     Ask a question

Our probate expertise

Ensuring the appropriate valuation of an estate for probate and Inheritance Tax purposes

This valuation is crucial for determining the amount of Inheritance Tax that may be due on the estate and will require accurately assessing the total value of the deceased person’s assets and liabilities at the date of death (both solely and jointly held), the value of any failed gifts made by the deceased which need to be taken into account for Inheritance Tax purposes, the aggregation of any trust assets in which the deceased had an interest if this applies.

Our probate solicitors, with the assistance of professionals such as valuers or surveyors, can meticulously evaluate all assets within the estate, including properties, investments, bank accounts, personal belongings and other possessions.

We adhere to the guidelines set by HM Revenue and Customs (HMRC) to ensure compliance and provide an accurate valuation for tax assessment purposes, thereby facilitating the proper determination and payment of Inheritance Tax.

Liaising with the Probate Registry for a Grant of Representation to allow Personal Representatives the power to deal with an estate

Our probate lawyers will communicate with the Probate Registry to initiate the process of obtaining legal authorisation to allow the Personal Representatives the power to manage and distribute the assets of the deceased.  Where the deceased had a valid Will at the time of death, this is called a ‘Grant of Probate’. Where the deceased did not have a valid Will, this is called a Grant of Letters of Administration.

This involves applying to the Probate Registry, both online and by the submission of necessary documents such as the original Will and other required paperwork The Probate Registry reviews the application, verifies its accuracy and issues the Grant of Representation, which grants the Personal Representative the legal authority to handle the estate.

This communication ensures that the Personal Representative can effectively fulfil their responsibilities and carry out the necessary tasks involved in the administration of an estate in accordance with the law.

Our estate administration expertise

Undertaking administration of an estate according to a deceased person’s wishes where a valid Will exists

Administering an estate involves managing and fulfilling the instructions specified in the deceased individual’s Will (where there is one). Our estate administration solicitors can take on responsibility for gathering and securing the assets, paying debts and taxes, valuing the estate and distributing the assets to beneficiaries as outlined in the Will.

This process requires careful adherence to legal requirements, proper documentation and efficient management of financial and administrative tasks.

By carrying out the deceased person’s wishes, the executor ensures that the estate is administered in accordance with their intentions, providing a smooth transition of assets and fulfilling their final wishes.

Dividing up assets to beneficiaries in accordance with the wishes of the deceased under a valid Will

Dividing up assets to beneficiaries involves the distribution of the deceased person’s assets among the rightful beneficiaries.

If there is a valid Will, our estate administration solicitors can ensure that the assets are allocated as per the deceased’s instructions

This process requires identifying the beneficiaries, verifying their claims and ensuring the correct division of assets, adhering to the terms of the Will.

Guiding clients through the Rules of Intestacy if the deceased has no will

Guiding clients through the Rules of Intestacy involves assisting individuals when a deceased person has not left a valid Will.

In such cases, the Rules of Intestacy dictate how the estate should be distributed among the deceased person’s family members.

As part of this guidance, our estate administration solicitors can help you understand the specific rules, confirm to whom the Grant of Letters of Administration should be issued and determine the rightful beneficiaries, navigating the complex process of asset distribution.

We ensure compliance with legal requirements, provide clarity on the entitlements of family members and offer support in resolving any disputes that may arise during the application of the Rules of Intestacy.

Managing aspects of Inheritance Tax, Income Tax and Capital Gains Tax for the Personal Representatives

Managing aspects of Inheritance Tax, Income Tax and Capital Gains Tax during the estate administration process involves handling the tax implications related to the distribution of an estate.

Inheritance Tax is a tax levied on the value of an estate above a certain threshold.

Income Tax will be due on any income received by the deceased’s assets whilst they remain in the hands of the Personal Representatives, while Capital Gains Tax is applicable when assets are sold at a profit above the date of death value

Our estate administration solicitors can assist the Personal Representatives in understanding and fulfilling their tax obligations. This includes calculating the tax liabilities, completing the necessary tax forms and ensuring compliance with relevant tax laws and regulations.

By managing these tax aspects, the Personal Representatives can navigate the complexities of tax matters and fulfil their tax responsibilities both as PRs and towards the beneficiaries appropriately.

Collecting monies owed to an estate from third parties and paying debts owed by the estate

Collecting monies owed to an estate from third parties and paying debts owed by the estate involves the financial management aspect of estate administration.

After someone passes away, their estate may have outstanding debts and may be owed money by individuals or entities.

Our estate administration solicitors can be responsible for identifying and contacting these parties, collecting any amounts owed to the estate and ensuring that the estate’s debts are settled.

This process may involve communicating with creditors, banks, financial institutions and other relevant parties.

By effectively managing these financial transactions, we ensure the proper handling of the estate’s financial obligations and maximise the available funds for distribution to beneficiaries.

Transferring assets such as property, shares in businesses, land or other investments out of an estate in the most tax-efficient way

Transferring assets such as property, shares in businesses, land or other investments out of an estate involves strategizing to minimise tax liabilities during the asset transfer process.

Our estate administration solicitors can work with the executor or administrator to devise a plan that optimises tax benefits.

This may include utilising exemptions, reliefs or allowances available under the tax laws, structuring transfers to maximise tax efficiency and considering factors such as Capital Gains Tax or Inheritance Tax implications.

By employing tax-efficient strategies, the transfer of assets from the estate ensures that beneficiaries receive the maximum value while minimising unnecessary tax burdens.

Probate and estate administration case studies

Advising on business property relief during the administration of an estate.

Undertaking administration of a rural estate for an elderly landowner with a complex Will.

Reducing the Inheritance Tax bill during the administration of an estate by ensuring that all relevant allowances had been claimed.

Speak to our probate and estate administration solicitors

To discuss your requirements with our probate and estate administration experts, please get in touch.

01992 300333                     Ask a question