Probate & Administration of estates

If no executor(s) are named in a Will, then somebody else will need to formally apply to the Probate registry to administer an estate and pay any debts owed. If there is a valid Will in place, a beneficiary named in the Will can apply to act as an administrator to legally distribute an estate. If there is no valid Will, relatives will usually be entitled to inherit and can make an application to administer the estate themselves. There is a set order to who can apply for probate and therefore, it’s important to seek advice from a probate solicitor

Inheritance tax is only required to be paid if the value of the estate is more than the inheritance tax threshold. Any tax will become due at the end of the sixth month following a death. For example, if a death occurred in July, then the tax will need to be paid at the end of January. If there is property or if certain assets are proving hard to sell such as a company interest, then you can opt to pay inheritance tax in instalments. 

If you have been named as an executor, but you’ve not already started administering an estate, you are able to renounce your executorship if you don’t wish to act. If more than one executor is named in a Will, there is a solution where you can apply to have “power reserved”. This means that you can leave the other executors to administer the estate but reserve the right to take out a grant of probate. 

A Will is legally valid if it is made in writing, by a Testator of sound mind and over the age of 18 and signed by them in the presence of two independent witnesses who have also signed after to confirm their presence. If you are unsure whether a loved one’s Will (or yours) is legally valid, we recommend seeking professional advice from an experienced probate solicitor.

This entirely depends on the type of error that has been made by the person who died. The courts have the power to rectify an error that is clerical in nature. For example, if there are missed words or spelling mistakes. Errors relating to the intentions of those who made the Will cannot be rectified or changed. For example, if someone forgot to include a beneficiary in their Will (or part of the estate plans), it cannot be altered. Some errors may be immaterial and therefore, you should contact a probate solicitor if you notice an error to discuss it further.

Before issuing a Grant of Probate, the Probate registry will request the original Will and two copies. However, sometimes it is possible to apply for a Grant of Probate using a copy, but this involves making a separate application. 

If you are an executor, then it is your responsibility to pay all of the deceased’s debts and financial affairs by using the value of the estate on behalf of the person who died. As a first step, take a look at their paperwork and identify any outstanding bills or debts before you start distributing their assets and personal possessions to the beneficiaries. 

Personal representatives are those who have the legal authority to administer someone’s estate. Essentially, it’s just an alternative name for an executor or administrator. 

Grant of Letters of Administration is a legal document that allows the personal representatives to deal with an Estate, if there is no Will, under the Law of Intestacy, or when there is no Executor.

There are two types of Lasting Powers of Attorney, one for Financial and Property affairs and one for Health and Welfare affairs. They are both documents that allow someone to make important decisions on behalf of another person. Once a document has been written up, agreed and signed, it can be used immediately while you still have mental capacity, or can take effect when you lose mental capacity. Health and Welfare can only be used when someone loses their capacity, whereas the Property and Financial can be used once registered or when someone has lost their capacity, depending on the instructions in the document.