When a person dies, access to their assets is often denied, and before they can be released, a Grant of Probate (where there is a Will) or a Grant of Letters of Administration (where the rules of intestate succession apply) may be necessary. In order to obtain this document, the assets and liabilities have to be valued at the date of death, and a revenue account completed. If an estate is taxable, the Revenue requires all or part of the tax to be paid before an application for the Grant can proceed. In determining the amount of tax to be paid the existence of reliefs and exemptions, and how they apply, needs to be carefully considered. The information provided must be accurate. HM Revenue & Customs imposes punitive penalties if information is overlooked or withheld without good reason.

When the total value of a person’s assets less their liabilities – their ‘estate’ - is established, those applying for a Grant (the executors in the case of a Will; the nearest relatives if there is no Will) must swear an Oath setting out the circumstances of their application. The Oaths can vary greatly but must be appropriate or the court will reject the application. An application that is confirmed is called a ‘Grant’ and a paper document is issued. Having received the ‘go-ahead’ from the court, in the form of the Grant, to collect the assets in the estate and discharge liabilities, the terms of the Will or the rules of intestacy must be followed. Even the most straightforward of Wills can be rendered challenging because of competing interests.

Expert legal guidance is often required when applying for Probate and administering an estate. Taking that advice from the beginning can save time, stress and money. Our solicitors here at Wansbroughs provide an expert probate and estate administration service which is efficient as well as friendly and approachable. We will do all that we can to make the process as smooth as possible.