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).
Get in Touch
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.
Our Private Client Team
We used Barrett & Co re conveyancing for the purchase of our new home. Richard Ince and his team, Rebecca P and Emma D were brilliant from start to finish. They were patient and clear in their explanations throughout, and ensured that all our queries were addressed, large or small........ A professional and friendly service - Thank you!
We used Barrett & Co conveyancing services to buy our first house and they made the process really easy for us, and we completed within the period of time we were hoping for from the start. Piers and Emma were very nice and helpful, and we thoroughly recommend them.
Outstanding! I was seeking advice prior to an employment Tribunal. The advice was holistic, objective and delivered with pure integrity. The 1-hour consultation gave me the confidence to proceed and do it with pride. I went into the Tribunal alone and was against an employer who arrived in force- I was outnumbered 4:1- and won! Not only was the advice immaculate and precisely on point , the humble and "real" element to our interaction was warming and very supportive. Thank you!
As a client of Barrett and Co LLP for many years, I recently had the pleasure of liaising with a Barrett and Co legal executive, Ms Juliette Spanner, with whom I had not previously encountered face to face, or even by telephone. I have in recent years lost my wife, and this was the first time I was dealing with a legal matter that I would normally have discussed with my wife of many years. During our first conversation by phone, I quickly realised that I had no need to 'go it alone' as Juliette immediately grasped my requirements and personal circumstances, and imbued me with complete confidence in the eventual outcome. From the outset, her subsequent written communication with me was of the highest order, timely and responsive to any queries I brought up, whilst her personal standard of verbal communication by telephone in the present Covid circumstances was exemplary. I was, as I have come to expect over the years in my dealings with Barrett and Co, totally satisfied with every aspect of my business dealings with Juliette. I have every confidence that the level of interest, professional standards and patience she demonstrated will continue to enhance the reputation of Barrett and Co. in her dealings with future clients. I unreservedly recommend both the firm and Juliette as a very reassuring and professionally competent duo. I commend them both, and wish them well in the uncertain times in which we live.
Justin Sadler did an outstanding job, providing excellent support and advice. Very professional and willing to guide you. He always replied to my emails and phone calls immediately. An amazing solicitor - definitely recommend him!
Barrett & Co came highly recommended through professional contacts. All the Barrett's staff we dealt with were polite and efficient. Chris Miller, who acted on our behalf, was polite, and professional, and his advice was sensible. We would recommend Barrett & Co.
Justin is a very nice man, he is very interested in what you have to say. Helpful and always responsive to any questions and will reply back was very happy with all he has helped me with Roger Buller
Extremely satisfied with the service. A protracted and complex case made bearable by the very professional and caring approach. The firm also took great care to avoid costs spiraling out of control. I would recommend Barrett & Co to anyone who asked.