Probate Law

What is Probate?

When a person dies someone has to deal with their estate (that is any money, property and possessions left) by collecting in all the money, paying any debts and distributing what is left to those people entitled to it. Probate is the term commonly used when talking about applying for the right to deal with a deceased person's affairs. This is called 'administering the estate'.

Administering the Estate

At Proctor Moore Solicitors many clients have used our specialist legal knowledge to ensure that all aspects of an estate are dealt with swiftly and correctly. We can provide a full range of probate services, from dealing with the complete administration of an estate on behalf of the executors or administrators to simply applying for and obtaining a grant of probate or letters of administration for you if the deceased did not leave a will.

Obtaining probate

If the person who has died leaves a will, it will usually name one or more people to act as the executors of the will. If you are named as an executor of a will you may need to apply for a grant of probate, which is an official document, issued by the probate registry in order to administer the estate.

Inheritance Tax Calculations – Valuations of Assets and Liabilities

Probate will not be granted to an executor until such time as all of any inheritance tax due on the estate has been paid. Executors will need to obtain details of the deceased's assets and liabilities and, in some cases, arrange appropriate professional valuations. Accurate valuations are required in all cases by the Inland Revenue, not just in estates that are taxable.

Clearance from the Inland Revenue

Clearance needs to be obtained from the Inland Revenue in relation to inheritance tax, income tax and capital gains tax in every case. This is the last chance the revenue will have to consider the tax affairs of the deceased and ensure there are no outstanding tax liabilities to be paid.

The death of someone close can be devastating. Sorting out their financial affairs may be the last thing you want to deal with but it must be done. If you are not up to dealing with all the formalities yourself, Proctor Moore can help. As solicitors we deal with probate cases on a regular basis getting things done quickly and efficiently. No matter how big or small the estate let us sort out the legal and financial formalities for you while you look after the other important areas of your life.

Probate Fees: Proctor Moore Solicitors offer fixed fees depending on size and complexity of the estate.