Losing someone close to you is one of the hardest experiences you can face, and the last thing you need is a host of legal obligations to address. At Bartletts Solicitors, our probate and estate lawyers are here to carry that legal burden so that you can focus on what matters most: supporting your family and coming to terms with your loss.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
What Does Probate Actually Involve?
Probate is the formal legal process through which a deceased person’s estate is administered. If your loved one owned property in their sole name, held bank accounts above a certain threshold, or had investments and other significant assets, you will almost certainly need to go through probate before those assets can be transferred or sold.
The process begins with valuing the estate in full, which means accounting for everything from property and savings to personal possessions, shares, and life insurance policies. Debts must be identified too, including outstanding mortgages, loans, or unpaid bills. Once the estate is valued, the executor or administrator must determine whether inheritance tax is payable and, if so, submit the relevant forms to HMRC and pay at least some of the tax due before applying for a Grant of Probate from the Probate Registry.
We can help with the full valuation and asset-gathering process, ensuring nothing is overlooked and that the estate is presented accurately to both the Probate Registry and HMRC.
Grants Of Probate And Letters Of Administration
The Grant of Probate is the legal document that gives an executor authority to deal with the estate. Without it, banks will not release funds, properties cannot be transferred, and investments cannot be cashed in. Where a person has died without a will, the relevant document is called Letters of Administration, issued to an administrator rather than an executor. The rules about who can apply follow a strict order of priority, which can create complications, particularly in more complex family situations.
We can help with obtaining both Grants of Probate and Letters of Administration, guiding executors and administrators through a demanding administrative process at an already difficult time.
Inheritance Tax And Estate Planning
Inheritance tax is charged at 40% on the value of an estate above the nil-rate band, which currently sits at £325,000. A further allowance applies where a residential property passes to direct descendants: the residence nil-rate band adds up to £175,000 to that threshold, potentially allowing an estate worth up to £500,000 to pass free of inheritance tax. For married couples and civil partners, any unused allowance can be transferred to the surviving partner, meaning a combined estate of up to £1 million may be sheltered from tax in some circumstances.
The interaction between these allowances and gifts made in the seven years before death, trusts, and business or agricultural property reliefs can make inheritance tax planning complex and intricate. Getting this right at the planning stage, before a will is ever needed, is far more effective than addressing it afterwards.
We can help with inheritance tax planning, trust structures, and reviewing existing wills to ensure your estate is structured as tax-efficiently as possible.
What Happens When There Is No Will?
Dying without a will, known legally as dying intestate, means the rules of intestacy determine how your estate is distributed rather than your own wishes. Under the intestacy rules in England and Wales, a surviving spouse or civil partner does not automatically receive the entire estate if there are also surviving children. The estate is divided according to a statutory formula, which may not reflect what the deceased would have wanted.
Unmarried partners, stepchildren, close friends, and charities receive nothing under the intestacy rules, regardless of the closeness of the relationship. This is one of the most compelling reasons to have a properly drafted will in place as early as possible.
We can help with drafting wills that accurately reflect your wishes, however straightforward or complex your personal circumstances may be.
Contested Probate And Disputed Wills
Unfortunately, family disputes during the probate process are not uncommon. They can arise over the validity of a will, challenges based on lack of mental capacity, allegations of undue influence, and claims brought under the Inheritance (Provision for Family and Dependants) Act 1975. These disputes carry both financial and emotional consequences for everyone involved.
Our probate and estate lawyers deal with contested probate and disputed wills with sensitivity and professionalism. Whether you are an executor facing a challenge over the estate you are administering, or a family member who believes a will fails to make reasonable financial provision for you, we have the experience needed to advise you effectively at every stage.
We can help with resolving inheritance disputes through negotiation, mediation, or court proceedings where that proves necessary.
Powers Of Attorney And Court Of Protection
Arranging a Lasting Power of Attorney while you still have mental capacity is one of the most practical steps anyone can take to protect both their property and financial affairs and their health and welfare decisions. Without a registered LPA in place, family members have no automatic authority to manage the affairs of a loved one who loses capacity. An application to the Court of Protection then becomes necessary, a process that is considerably more time-consuming, expensive, and uncertain than registering an LPA in advance.
We can help with drafting and registering Lasting Powers of Attorney. Where it is too late for an LPA, we can assist with applications to the Court of Protection for deputyship orders.
Why Choose Bartletts Solicitors?
With over 160 years of history and offices in Liverpool, Chester, and Wrexham, our team brings genuine depth of experience to every probate and estate matter. Our probate and estate lawyers are approachable, professional, and committed to protecting your interests at every stage.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
