Our Private Client team can assist with all aspects of Probate – which is the legal work dealing with the estate after a person has passed away.
We understand that this is often a difficult and very distressing time for family and friends. You want probate solicitors who are empathetic and experienced.
Simple or complicated estate?
Some estates are very straightforward to deal with in terms of probate and there is little in the way of administration that needs to done. This is often the case where there is a surviving spouse and all the assets of the estate are in joint names, or perhaps all the funds are held in bank accounts.
However, often a person’s affairs will be much more complicated, either because there are many different assets, or because assets are held abroad, or held in trust. It may be, particularly in cases where there is no Will, that the distribution of the estate is complicated or disputed. Our Private Client team is experienced in dealing with these and many other aspects of estate administration.
Grant of Probate?
Many people have heard of ‘Probate’ but do not necessarily know when it is relevant. Whether the person who has died has left a valid Will does not determine whether it will be necessary to obtain a Grant of Probate. This will depend on the assets which make up the estate and sometimes on who is going to inherit the estate. Our Private Client team can advise on whether a Grant of Probate is required, what type of application is necessary and other matters, such as any queries over the validity of the Will.
Inheritance Tax – Reductions?
Inheritance Tax is also often a concern and we can advise and assist Executors to complete the HMRC forms that are required, advise on claims for the transfer of the Nil Rate Band on the second death of a married couple, (which has been allowed since 2007) and advise on the payment of Inheritance Tax where applicable.
Where a married couple made Wills designed to save Inheritance Tax, often there is a Discretionary Trust over the estate of the first to die and we can advise on the various options available to the surviving spouse.
There can also be situations where Inheritance Tax is payable on the estate but a post-death variation of the distribution of the estate could reduce the amount of tax, or there may be some other reason to vary the estate.
We are able to advise on this and prepare the required legal documentation. Where the person who died has left part of or the entire estate to charity, we are able to deal with the relevant charities and ensure that their specific requirements with regard to the administration are complied with.
Do You Want Us To Be The Executor?
Being an Executor can be a daunting and very time consuming role and many people find it difficult to devote the time to administration, particularly if they have work or family commitments. They may live a long way from the property in the estate or perhaps live abroad making it much more difficult to deal with the estate.
Whether the person who has died made a Will or not, it is necessary to establish the value of the estate, settle any debts, ensure that any tax matters are dealt with and obtain the necessary authority, such as a Grant of Probate, in order to reach the point where the Executors are ready to distribute the estate.
For complete peace of mind, we can manage all aspects of the estate on behalf of the Executors or we can assist them with those parts of the estate which they may find more difficult.
Dealing with Assets
Naturally, we can also deal with insuring the property, clearing its contents or, if it is tenanted, we can liaise with the managing agents or tenants as required. We work closely with our experienced Property Conveyancing department which can ensure the sale of an estate property efficiently on behalf of the Executors. We can then collect in the assets of the estate and distribute the estate at the end of the administration.
Where we are appointed as the Executors of the estate, we will deal with all aspects, liaising with any co-Executors as necessary and we can also deal with matters such as registering the death and arranging the funeral, where of course we would consult with any family members where appropriate.
Transparent fees for Probate
Many people are worried about what Solicitors charge for dealing with the administration of an estate. Although it is difficult accurately to estimate the costs of a matter, our costs are straightforward and transparent and we would be happy to discuss these with an Executor before proceeding to deal with things. (You may find our tips on administering an estate useful reading).
For further information please read our Probate Fees page and then contact the Private Client team on 0118 958 9711 or by email to [email protected] who will be happy to put you in touch with one of our expert probate Solicitors and we shall do everything we can to help throughout a difficult time.
At the start of September 2020, the Private Client department expanded with Charlotte Corcoran qualifying…
Barrett and Co Solicitors are finalists in the Law Society Excellence awards for Private Client…
During the administration of an estate, all assets and liabilities of the deceased must be…
Based on my experience I would have no hesitation to recommend Barrett and Co to any friend or family member in need of legal services. Further, any legal service is only as good as the people within it and the people at Barrett and Co are brilliant. They are helpful, communicative, understanding and patient. They explain the options and when legal language is required and necessary they are willing to sit down and explain what it mean in plain english. Great people and a Great service,
7th October 2020
I have worked with Justin Sadler several times and he always responds really well with easy to understand advice
5th September 2020
Vanessa drew up my will after a video consultation (due to Covid 19) and then I got it signed and witnessed in the office car park maintaining social distancing. My will was very straightforward but Vanessa ensured that all necessary areas were considered and addressed. I received a very professional, courteous service and I would certainly use Barrett and Co again.
3rd September 2020
Dealt with Chris Miller who was fantastic from the start. Clear assessment of the issues and risks with great guidance and proactive communications. Chris is a very valuable asset and I would recommend him fully. The only issue I had was with the bill which was not clear and had to be adjusted. We won the case with costs awarded but it still cost us the best part of £1400, not sure how that works....
16th August 2020
Justin Sadler provided an excellent service in relation to an employment matter. His clear and concise guidance provided me all the necessary assurance and support to conclude the matter. The rest of the team at Barrett's, where also very professional and highly responsive in the short time I had available to reach a conclusion. Barrett's certainly instilled a strong sense of trust and would definitely be my first choice for any future legal matters.
13th August 2020
From start to finish these guys made me feel at ease during a turbulent time. First class service from all who I death with so I highly recommend them.
6th May 2020
Vanessa Ruparel helped me to write my will after I re-married. She also sorted out my uncle's probate, which was more complicated than we anticipated. I have used Barrett & Co before many years ago when I divorced, so I didn't hesitate to use them again. They always give a quote up front for their work and if there are any problems and costs change they inform you and get your approval. I would never hesitate to recommended them (and I have done so). Thank you for all your help.
17th April 2020
Used Barrett and Co extensively with my business and recently for a personal matter, excellent service on all occasions, you only get what you pay for, would have no hesitation in recommending their services. A big thank you to Vanessa for all her advice and assistance.
17th April 2020