Probate Solicitors
Our probate solicitors know that when a loved one passes it is a very difficult time. Unfortunately there are so many details you have to deal with, just when you least want to.
How can our probate lawyers help?
We can support you by untangling some of the confusing issues you face and taking away the heavy weight of dealing with the administration of the estate.
Our probate lawyers are open and friendly and will treat you with kindness and respect. Our probate service is conducted at the pace you dictate. If you do not wish to travel to our office we can meet with you in your own home or any other place of comfort.
You can also rest assured that our probate services are cost effective and efficient because our probate lawyers are specialists. In fact in many instances we are able to work on a fixed fee basis so that you know from the outset exactly how much you will have to pay.
Home Visit Service
We understand it is not always easy to come to us. That is why our lawyers offer the Home Visit Service to clients who would like to discuss issues such as making a Will, creating Trusts, Lasting Powers of Attorney or, discussing the administration of a deceased person’s estate (Probate).
We can visit clients in a hospital, hospice, care home or nursing home to help sort out their affairs and can make out of hours appointments by arrangement.
If you would prefer to deal with your legal affairs at home or otherwise out of the office please contact us on 01752 668246 to arrange a visit.
What does probate actually mean?
If you are unsure what probate means, it is a term commonly used for the the administration of a deceased person’s estate. This involves either implementing the terms of the deceased’s will or dealing with the distribution of their estate in accordance with the legal rules set out in the Administration of Estates Act 1925 if they died without a will (intestate – click here to see a flowchart).
We have created the video below to explain the process:
So, the administration of the estate will involve:
- dealing with their home and any other land and property
- dealing with banks, building societies and other investments
- dealing with business and agricultural assets
- paying debts
- dealing with H. M. Revenue and Customs, especially for inheritance tax (death duties)
- distributing legacies
- distributing the remainder of the estate to the people entitled to it
As part of the process we can:
- advise on the validity of a will or on any potential disputes that may arise
- advise on the implications of intestacy and claims under the Inheritance (Provision for Family and Dependants) Act 1975
- advise on the impact of inheritance tax on the estate
- inform all the beneficiaries of their entitlement
- identify and obtain valuations of the various assets including freehold and leasehold property and any interests in businesses
- identify any liabilities and deal with those who are owed money
- prepare an oath (and complete inheritance tax forms where necessary) enabling an application to the probate registry to be made so that a grant of probate of the will or letters of administration can be obtained
- get all assets released from the various banks and building societies etc
- pay any legacies and make payments on account to the residuary beneficiaries
- transfer assets to beneficiaries where required
- prepare final estate accounts for the approval of the personal representatives
- make payment to the residuary beneficiaries
How much does probate cost?
Depending on your circumstances we can act for you on a fixed fee basis or on an hourly rate. We will discuss this with you fully before you instruct us so that you are clear from the outset how much the probate is likely to cost. Your initial consultation is free so you can find out the details without financial risk.
Find out more about our probate fees.
Frequently Asked Questions
Below are the most common questions we are asked:
What is an estate?
Everything that the deceased owned at the date of their death – all property, personal and household possessions, vehicles, savings, shares etc. less any mortgages, debts etc.
What is an executor?
The executor is the person or persons chosen by the deceased to carry out the wishes set out in their will.
What must an executors do?
The executors will have a number of specific duties. They must:
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arrange the funeral
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find out what assets and liabilities there are
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arrange to obtain the grant of probate which gives them the legal right to deal with the estate
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pay any liabilities and tax that may be due
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arrange to sell or transfer the assets in the estate
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account to beneficiaries, setting up trusts where necessary
Gard & Co. are always willing to assist with the administration of the estate whether by doing small parts, like getting the grant of probate, or taking the whole responsibility of administering the estate off the executors.
What is inheritance tax?
If someone’s estate is worth more that £325,000 (the nil rate allowance – correct for financial year 2011/2012) then, unless certain exemptions apply, when they die there will be tax (currently 40%) to pay on anything above that sum. Anything below the figure passes free of tax.
Since October 2007 the surviving spouse or civil partner can benefit from a combined tax free sum (£650,000 for the financial year 2011/2012). Gifts made between spouses or civil partners are always free of inheritance tax, as are gifts to charities.
Gard & Co. offer specialist advice on estate planning including how to mitigate both tax and the risk of care home fees reducing the size of your estate.
Get advice from our specialist probate lawyers
For further advice or to instruct us, please contact Jane, Glenn or Bethany on 01752 668246 or send an email.
If you are looking for a probate solicitor in Plymouth, Plympton, Plymstock and the surrounding area, choose Gard & Co, the Plymouth probate solicitors.
