What To Do When A Family Member Passes Away

When a family member passes away, it is a difficult time for their family to navigate the legal processes surrounding their estate. Our team is here to assist the family of the deceased in the best way we can to make the process as easy as possible. The first thing to determine is whether the deceased passed away leaving a will or without a will. There are two types of grant of representations an individual can apply for; ‘’Grant of Probate" and ‘’’Letters of Administration’’. While both provide the legal authority to an individual to enable them to deal with a deceased person's assets, they differ in significant ways.

What is a Grant of Probate?

Probate is the legal process of administering the estate of a deceased person. It is usually required for valuable or complicated estates. When someone passes away leaving a valid will, the executor named in the will typically applies for a Grant of Probate. This document is issued by the Probate Registry and confirms the executor's authority to deal with the deceased's assets and liabilities according to the terms of the will.

To obtain a Grant of Probate, the executor must submit the deceased's will, along with an application form and any required supporting documents, to the Probate Registry. Administering the estate once the Grant of Probate has been obtained involves valuing the estate, paying any outstanding debts and taxes, and distributing assets according to the terms of the will.

What are Letters of Administration?

When someone dies intestate i.e. without a valid will, the next of kin or another interested party may need to apply for Letters of Administration, where the estate is valuable or complicated. This document grants legal authority to administer the deceased's estate in accordance with the rules of intestacy.

Applying for Letters of Administration involves a similar process to obtaining a Grant of Probate, including submitting an application form and supporting documents to the Probate Registry. However, the distribution of assets is determined by the rules of intestacy rather than the deceased's wishes as expressed in a will.

The rules of intestacy prioritise distribution among surviving spouses, civil partners, children, and other close relatives in a prescribed order. Without a will, the estate's distribution follows these statutory guidelines.

We can act for our clients in one of three ways.

• A ‘grant only’ service;
• A ‘full administration’ service; or
• A hybrid instruction.

Grant Only service

Under a grant only service, we will prepare and lodge a probate application using the figures that you provide for the value of the estate’s assets and liabilities. We will not contact any of the asset holders to confirm the values and you will be required to do this personally. The scope of our work is limited to preparing the probate application and advising our clients of the estate’s inheritance tax position.

Full Administration service

Under a full administration service, we will obtain all of the information needed to complete the probate application. We will notify various persons and organisations of the death. We will contact the asset holders to value the estate. We will advertise for unknown creditors or beneficiaries. We will ascertain the assets and liabilities of the estate as at the date of death and obtain values for bank accounts and other assets. We will review any gifts made by the deceased within seven years of the date of death and advise on the tax implications of these. We will prepare the inheritance tax account to H M Revenue and Customs (HMRC). Where tax is due, we will work with you to consider the options available to meet that tax. We will then submit the account and any payment of tax due. We will prepare the executors’ oath and arrange for the oath to be sworn. We will apply to the Probate Registry for the Grant of Representation. We will lodge the Grant of Representation with all the relevant parties and bodies and collect in all assets of the estate. We will arrange for the payment of legacies and discharging of all liabilities. We will pay any expenses arising in relation to the estate’s administration. We will report to HMRC on any amendments to the value of the assets and liabilities previously reported and deal with any enquiries raised by HMRC. We will liaise with the deceased’s accountant or tax adviser and we will prepare tax returns and Estate Accounts for the administration period.

Hybrid service

A hybrid instruction is a mixture of the two services above. For example, our clients may wish to personally deal with the administrative work of collecting the asset values before asking us to prepare and lodge the probate application and deal with transferring the assets to them after obtaining the grant of probate.

Estate Administration Costs

Our service is tailored to individuals’ needs. We aim to provide a clear and transparent indication of our professional charges at the outset of any instruction. Depending on the complexity and value of the estate, we charge a fixed fee, hourly rate or on percentage basis.

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