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Probate
Process

A Will names one or more Executors who have been assigned the task to administer the estate by the individual who has died. A “Grant of Probate” needs to be applied to obtain permission for probate. The Executor must adhere to specific rules that instruct how to inform the concerned authorities and distribute the deceased’s estate.

Therefore, the term “Probate” applies to getting permission to execute someone’s wishes following their Will, although it also refers to the whole process of settling someone’s affairs.

The Executor needs to find out if a Grant of Probate is required, and if it is, it will give them the legal authority to deal with probate and administer the Estate of the deceased. The Probate process is the legal right to deal with someone’s Estate, money, possessions after death, deceased’s debts, paying inheritance tax liability, and distributing the Estate according to the Will.

The rules cover the situation if someone dies without a Will, known as dying “intestate” are a bit different. If a Will does not exist, inheritance law will determine the appropriate person to administer the Estate known as the administrator, who may need to obtain a Grant of Letters of Administration instead.

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Procedure of
Probate

The process of handling someone’s Estate depends on whether the executor does it himself or appoints another person or a professional on his behalf. Appointing a professional can be a good move and could be important if the estate affairs are complex; it is so because the professional can then take all the necessary steps incidental and necessary to the handling of the probate process quite efficiently.

Execution of a Will requires communication of all the relevant government departments and other authorities of the person’s death and submission of the relevant applications to banks, councils, HMRC for tax affairs, Passport office, Driver and Vehicle Licensing Agency (DVLA), Department for Work and Pensions, Veterans UK, and building societies, etc. A “Tell us once” service ensures all concerned authorities are informed of the death at once.

The Executor of the estate is responsible for applying for probate and distributing the estate to beneficiaries. This can involve many steps, including but not limited to:

  • Sending notice of the death to such organisations that hold deceased’s assets
  • Ask banks to freeze the deceased existing accounts
  • Track financial documents of the deceased,
  • Find details of any money owed and owed by the deceased,
  • List property, money and possessions, and debts in the estate
  • Asses the deceased estate, including their investments and saving
  • Value the property, or whether you need to get it professionally value
  • Collect the details of all accounts, share ISAS and stocks
  • Estimate and report estate’s value to find out the Inheritance tax to pay.
  • Working out inheritance tax liability and arranging its payment
  • Opening a bank account on behalf of the estate
  • Prepare and send probate documents to probate registry and HMRC
  • After receiving probate collect money of the deceased from all sources
  • Sell property and shares or transfer to beneficiaries
  • Pay debts, expenses, and fees out of the estate, such as solicitor’s fees
  • Share out the estate in accordance with the Will

A grant of probate may not be needed, if the deceased has:

  • jointly owned land, property, shares, or money, as these will automatically pass to the surviving owners
  • Assets are not owned in the personal capacity but held in a trust as a lifetime tax planning of the deceased
  • assets of a value less than £5,000
  • only a savings account

Obtain a Grant of Probate

In most of the cases, the Executor will have to obtain the grant of probate to execute a Will and administer Estate, which is permission to handle their estate. To obtain a grant of probate the death requires to be registered, assets valued, completing the probate application form, paying inheritance tax, and taking Executor’s oath at the probate registry or at a local solicitor’s office.
Only certain people can apply for probate. If there is a Will, Executors named in it can apply for a Probate. If there is no Will, the closest living relative of the deceased can make an application.

Contesting a Probate

The law permits the contestation of a Probate of a Will. Any person who is a beneficiary under the current or previous Will, a family member, owed money by the deceased, financially dependent on the deceased, or promised something that was not granted in the Will can contest the Probate. When a dispute arises regarding the validity or contents of a Will, or how the deceased’s estate is distributed after death, this is known as Contentious Probate.

Disclaimer

If the Will fails to comply with the formalities required by law, contains any matter sufficient to prove that the Will is invalid, or if two people are entitled to apply for the Probate all such matters can also prevent or delay the grant of a Probate.

While the proceedings are underway and the concerns raised are being investigated, the court will not allow the grant of a Probate. The matter will then be left to the discretion of the court which will resolve the grant of a Probate to a party which the court seems appropriate.

Executor
In most cases, the Executor is chosen by the deceased and declared in his Will. If there is no Will the estate will be administered according to the intestacy rules. Generally, it is a common practice to nominate one of the beneficiaries as the Executor for the Estate – for example, a child, a close friend, or a partner.
Please see our Executor page for further information.

Joint Executors
It is not uncommon for a Will to have more than one Executor called “Joint Executors” to administer the estate according to the direction provided in the Will. Joint Executors may be nominated to share the workload, distribute the decision-making power evenly or to ensure supervision over the other Executors’ work. Up to 4 people can be apply for a grant of Probate and their names would appear on the grant of Probate. Joint executors are required to cooperate with each other for the smooth conclusion of the whole process.

Refusal to act as an Executor
Executors can themselves administer someone’s estate, or they can appoint a professional to work on their behalf. Executors can also have power reserved, meaning they will not take part in any of the administration processes for the present but can choose to involve themselves later if they feel necessary.

Any person assigned with the responsibility of administering someone’s estate, can also decline the responsibility to act as an Executor, e.g. for health reasons, constrained time, or any other reason. In this case, the Executor will have to resign his position, in which case either another beneficiary would step up, or a professional will need to be employed. The resignation will not affect the entitlement of the Executor if he is also a beneficiary to the estate.

Read more…

Time and fees

The work of managing estate and associated matters depends on varying factors that affect the amount of time taken to finish the job. It is quite difficult to offer a general price for work right away. We do not charge by taking into account the value and price of the property. Rather we charge on the basis of complexities and factors involved. Therefore we offer our services under fixed charges based on time consumed. For this purpose, we inform our clients in advance regarding the amount charged and the complexities involved.

The general timeline for probate services is difficult to predict. Various factors may delay the process and increase the due time. We work with executors and, with diligence and sincerity, keep them informed regarding the case’s progress. The following list will serve as a guide in this regard:

  1. The process of identifying and valuing assets/liabilities, preparing the Inheritance Tax forms, and applying for probate will take two to three months.
  2. If you want to sell assets and collect money, you might have to bear three to six months, depending on the market for those assets.
  3. It may take two months for settling tax liabilities, prepare estate accounts and make final payments to beneficiaries.

We will provide an estimate of fees and keep you appraised as the case progresses from the very start. But if a new factor arises and is likely to alter the fee significantly, we will inform you and bring this to your attention.

We have the reputation of delivering excellent services to our clients because of the communication during what is likely to be a difficult time.

Accreditation

Care Accountancy Ltd is accredited by the Institute of Chartered Accountants in England and Wales. We are accredited to perform the reserved legal activity of non-contentious probate in England and Wales.

Details of our probate accreditation can be viewed at

You can review our probate accreditation and associated details at icaew.com/probate under reference number C006655373.

Diversification

We work in a part of the country that is not especially diverse. We are a small firm operating in a reasonably specialist field. As our work remains largely office-based, we do not have a huge choice of candidates for roles when they are made available. However, despite these potential restrictions, the firm has a good mix of male and female employees and a good range of age profiles. In our staff, there is ethnic diversity, and employees have varied backgrounds. We consider ourselves an equal opportunities employer and would not discriminate on the grounds of age, sex, religion or cultural background.

You can view our 2021 survey here in diversity results PDF (164KB).

Compensation Scheme

You can seek a grant from ICAEW’s Compensation Scheme if, by any unlikely event or a sudden shift in the nexus of complex factors, we are unable to meet our liabilities to you. You must file the application within 12 months to ICAEW to get the grant. The time limit starts from the moment you become aware or you ought to have an awareness of the loss. The grant scheme and information on the varying circumstances on how you can file for a grant can be found on ICAEW’s website: http://www.icaew.com/probate.

Complaints

We look to provide clients with a high level of service but should you feel that we have not delivered on this, please let us know. You can contact the head of legal practice/probate contact partner Mian Asif Zubair for any complaints. Our diligent staff will carefully consider the complaint regarding probate services and will help resolve the issue as soon we get a complaint from our client(s). You are requested to submit your complaint in writing. We will acknowledge the complaint in written form within five business days of acknowledged receipt. And we will strive to deal with and process the complaint within 8 weeks of the said time.

In both cases, if you are unhappy with the response or we haven’t dealt with the complaint within the timescale, you can take the matter to the professional body of our organization, the Legal Ombudsman and ICAEW. You are obliged to take the complaint to the Legal Ombudsman within the six years of the act or omission time or within three years of you becoming aware of the issue. In all the cases, the complaints to the Legal Ombudsman must be made within six months of our written response to your complaint to us. The contact details for the Legal Ombudsman are:

Letter: Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ,

Email: enquiries@legalombudsman.org.uk

Telephone: 0300 555 0333.

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COMMITTED TO EXPERTISE

No more
Legal worries

Probate is the essential part and legal right to deal with the property, money, and possessions called the estate of someone who dies. Financial plans or putting the property on the market showed only follow once the probate has been granted.

STEP 1Expectations and delivery

We explain the work process to our clients, timescales, and responsibilities to eliminate any ambiguity. We make promises that we can deliver and align our processes to these commitments

STEP 2Care and Highest level of Service

Our entire team is extremely passionate about the requirement of our customers and their well-being. We are extremely thankful to them for the level of care and service provided by them.

STEP 3Communication is our strength

The strength of our client relationships vests in regular communication with them, whether face to face or virtual. We ensure that our client’s trust and understand us.

STEP 4You are just not a number

We focus on client relationships who are who are just not a number for us. Our product range is wide to suit their requirements. More importantly, we are always available to them whenever they need us.
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OUR OFFICES

Get in Touch

Come and visit our offices or simply send us an email anytime you want. We are open to all suggestions from our clients.
Address
94 Street Lane
Rhoundhay
Leeds
LS8 2AL, UK
Address
9 Sheaf Lane
Coventry Road
Birmingham
B26 3EJ, UK
Contact
0113 8870 218
0121 7268 542
info@careaccountancy.co.uk

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    CareAccountancyOffices
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    CareAccountancyOffices
    94 Street Lane, Leeds
    9 Sheaf Lane, Coventry Road, Birmingham
    OUR LOCATIONSWhere to find us
    https://careaccountancy.co.uk/wp-content/uploads/2019/04/img-footer-map.png
    GET IN TOUCHCare Accountancy Social Links
    Taking seamless key performance indicators offline to maximise the long tail.

    Copyright by CareAccountancy. All rights reserved.

    Copyright by CareAccountancy. All rights reserved.