Fairmont Law Solicitors is an award-winning, modern London based law firm, highly rated and ranked in UK based in the heart of London Richmond. We are proud to state that we enjoy a reputation of offering exceptional client care and services across all of our departments.
Our mature and experienced teams have both the breadth and depth of knowledge to assist you, which has been acknowledged all over UK.
Probate is the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die. You should not make any financial plans or put property on the market until you’ve got probate.
Applying for a grant of probate can be done online, however it can be a daunting task and our specialist Probate practitioners are here to help.
Applying for probate is the first step in dealing with someone’s estate. But in order to approve your grant, the government needs to see a clear picture of the estate’s value. This includes things like property, debts, bank accounts, pensions and other financial assets.
To make the probate application process as smooth as possible, it’s a good idea to gather this information in advance. Fairmont Law Solicitors can guide you through the whole process, we’ll look at everything from how to someone’s will to getting their property valued for probate.
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Probate typically takes 9-12 months to settle an estate. However, it can sometimes take longer if, for example, there is a property to sell, complex Inheritance, Income or Capital Gains Tax affairs to resolve or there are complications regarding the personal representatives or beneficiaries of the estate.
Your probate case manager at Fairmont Solicitors will be in close contact with organisations such as HM Revenue & Customs, HM Court Service, the Department for Work and Pensions and all relevant financial institutions during the estate administration. They will also work to make sure that progress with these organisations is achieved as quickly as possible.
You can apply for grant of probate yourself using the form titled PA1P and making the application to the probate registry. If there is no will, you will be applying for a grant of letters of administration using the form known as PA1A. You will also need to fill out an inheritance tax form, regardless of whether inheritance tax is due or not.
Once your application has been approved, you will be sent your grant of probate or grant of letters of administration by post. This allows you to deal with the estate in question, which can involve gathering funds, closing bank accounts, paying outstanding debts, selling or transferring property, and many more tasks depending on the size and contents of the estate.
The main reason why you might want to deal with probate on your own is money. Solicitors often charge a large sum for their services and many people are not willing to part with this money when they don’t necessarily need to. Some solicitors also charge by the hour, or based on a percentage of the estate, which can be confusing as you are not totally sure of how much you need to pay until the probate process is complete.
Another reason why you may choose to handle probate on your own is that you want to oversee the process and stay up to date on the progress of your application. It should be noted that the probate registry is extremely backed up, particularly at the moment due to the COVID-19 pandemic. This means that getting in contact with someone to discuss your application’s process can be exceedingly difficult regardless of whether you do it yourself or not.
The forms required for a probate application are long, complicated, and full of legal jargon. The majority of people will not have a perfect understanding of the content of the forms and might struggle to fill them in without error. Filling out the forms can therefore be a hugely time-consuming and frustrating task, which is why many people choose to hire a professional.
Additionally, if you make a mistake on these forms, your application could be significantly delayed. It takes a long time to get an application approved even without such delays, so they should be avoided if possible. If you hire a professional to handle your application, you can ensure that there will be no errors and your application will be approved as quickly as it can be.
Once your application has been approved, you might find that you need help with handling the estate. This is especially likely if the estate you are dealing with is particularly large or complex. Handling an estate can take anywhere from a few months to a couple of years in the most complex cases. Many people would rather pay for a professional service to manage this for them than have the responsibility hanging over them for such a long time. Moreover, the less free time you have to deal with the estate, the longer it will take. A professional probate service will not only take the responsibility off you but will likely get the job done faster if you work full time or have children to look after. Our Solicitors are highly skilled to handle any matter however large or small.
At Fairmont Law Solicitors we ensure that our advice is precise, our fees are kept low and the process is handled quickly and efficiently. Our solicitors are experts in handling the process so the client can be rest assured their matter is in safe hands.
A grant of probate is only issued to the named executors of the will, while letters of administration are issued to the person who is entitled to inherit under the rules of intestacy, if the deceased died without a will.
If the deceased dies without a Will, the person/persons entitled to inherit under the rules of intestacy will need to apply for letters of administration.
When a person dies without leaving a Will, it is called intestate estate. Only married or civil partners and some other close relatives can inherit under the rules of intestacy.
In England and Wales, there is a statutory set of rules, that were updated in October 2014 (the statutory legacy was amended 26 July 2023) and that are enforced if you die intestate. (The rules are different in Scotland). Your estate would be divided according to this fixed set of rules, irrespective of what your intentions actually were, and that means your estate might not be divided in the way you expect – or want!
There are a few ways in which contentious probate disputes can be resolved. It can often be handled through negotiation and mediation between the involved parties, though in some cases it may require litigation.
Probate application fee of £273 (+ court sealed copies of the Grant of Representation @ £1.50 per copy).
From the point of sending the probate application to the Probate Registry, the Grant of Probate can take in excess of 16-20 weeks to be issued.
Their job is to follow your wishes and distribute your estate to the beneficiaries according to the terms of your will. Executors manage the assets, pay debts, and keep records, but ultimately act as a facilitator to ensure your will is carried out.
Executors and administrators are not personally liable for inheritance tax. However, if the money is not readily available from the estate, for example it’s tied up in property or investments, inheritance tax still needs to be paid before probate is issued.
Dealing with Foreign Property. If there is no valid Will, the property and assets would be distributed in accordance with the succession rules of the country where the asset is held
We offer up to 15 minutes free initial consultation on all matters.
To contact our team, please call us or email us at info@fairmontsolicitors.co.uk..
If you would like us to contact you, please complete our enquiry form. Alternatively, you can book a meeting at a time convenient for you.
By submitting your details on this form, you agree to our Privacy Policy. Information on how we handle your data is in our Privacy Policy.
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