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Probate refers to the process where the deceased’s assets are valued, debts are settled, and the remainder is distributed to family members or interested parties.
With testacy, the nominated executor will apply to the court for a Grant of Probate. If there is no Will, a next of kin will have to apply to the court for Letters of Administration.
If you were appointed the executor of an estate in the deceased’s Will or another estate planning document, our probate solicitors can assist with estate administration efficiently and accurately, according to your loved one’s wishes. We will manage the distribution of assets to beneficiaries, the selling of assets, and other matters outlined in the Will.
It is important to consult expert probate solicitors to avoid unnecessary expenses, delays and disputes among family members. Our probate team will offer clear and practical advice at every turn to help you through this difficult process.
Before seeking probate, the executor will create an inventory of the deceased’s assets and identify debts and liabilities that have to be settled. Before proceeding to probate and distribution, any tax due on the estate, such as inheritance tax, must be paid to HMRC.
As well as inheritance tax, there may also be capital gains tax and business property relief to be considered when dealing with an estate. Speak to our probate solicitors today.
In order to commence probate, the executor must obtain a Grant of Probate from a court to the effect the Will is recognised as legally valid. Once established that there is a valid will, the executor can begin the process of distribution.
Probate will always be required where:
The effect of granting probate is to provide legal authority to access the deceased’s bank accounts. This is important where the costs of a funeral need to be met.
An executor may be chosen to handle the estate’s administration on their own or in collaboration with a second person as joint executors.
If an executor feels like they cannot fulfill the task the second executor, or another person chosen at that point, can take over.
If an individual dies without a Will, or the Will is found to be invalid, or no executors are named, their estate will fall into intestacy.
In these circumstances, a next of kin can apply to court for grant of Letters of Administration. The person to whom the court grants Letters of Administration is known as the administrator. Eligible relatives to serve as administrator follow a priority order:
To be finally approved for probate, the probate registry requires an interview to assess the fitness of the nominated executor. Our probate and estate administration lawyers can help guide you through this process.
If a mortgage on real property is inherited, either the mortgagor will require repayment out of the proceeds of the estate or the individual inheriting will have the mortgage transferred to their name.
If the value of the state is lower than £5,000, no fee is required for applying for Grant of Probate. Above this amount, the fee is £215. Lower income individuals can have their fee reduced or waived.
If you want to know more about the probate process, please read some of our wills, probate and estate administration content here:
We are prepared to handle every type of estate administration case, from the smallest to the largest of estates.
The probate solicitors at Lewis Nedas offer a tailored, focused review of your family circumstances in order to determine how best to navigate individual relationships and appoint effective administration of your estate.
We provide the utmost professional service to our clients at a difficult time, offering first-class advice from our experienced probate department.
We take pride in offering ‘City firm’ standards of efficient service at reasonable, realistic pricing levels. Please contact us on 020 7387 2032 or complete our online enquiry form.
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Miles Herman is a clever, understated lawyer who is at the top of his game.
Richard McConnell carried out conveyance for my family on 4 London flats, 1 sale and 3 purchases. In each instance he was excellent. The attention to detail and communication throughout the process was perfect. I have recommended Richard to several family members and friends who have been extremely pleased. I would have no hesitation in using Richard McConnell and Lewis Nedas in the future should the need arise.
I wanted to take the opportunity as well to thank you for everything that you have done on this case. The result that we got on Monday will have a massive positive impact not only on my life but the lives of all my family including that of my own son. I personally was struggling to hold back the tears when the sentence was being delivered by the judge and I know my father and sister felt the same too. It must be fantastic to work in a way that can have such a positive impact on people’s lives and I want you to know how much it all means to us all. Thanks a million and good luck with all that you do going forward.
Lewis Nedas advised me in a serious case of insider dealing. The lead solicitor dealing with my case was Jeffrey Lewis, who impressed me with his quick grasp of the very complex circumstances. His in-depth knowledge of how the City really works and his long experience of serious financial crime gave me great confidence. But it was also his friendly and supportive attitude, and readiness to take calls (or return them promptly if he was in court) which was very reassuring. I was delighted with the positive result of the case, and the speed and efficiency with which it was handled.
Lewis Nedas Law Limited, led by Jeffrey Lewis, is known as ‘an exceptional firm with a strong team of talented and expert criminal lawyers’. The practice offers a wide range of high-end legal services, including on cases concerning espionage, terrorism, and murder. Siobhain Egan has strong experience in multi-jurisdictional matters; recent highlight engagements concern organ trafficking and terrorism financing, among other matters. Unan Choudhury is noted for his work regarding espionage and murders, while Keith Wood is an expert in High Court contempt proceedings which arise from criminal activity. Other key figures include Miles Herman, who represents clients in complex litigations.
Hands on partner involvement leading a dynamic team who like to think out of the box. Results driven. Clear strategies. They can go toe to toe with the big “City” firms.
