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 appropriate 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.

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 cases, the Executor will have to obtain the grant of Probate to execute a Will and administer the Estate, which is permission to handle their Estate. To obtain a grant of Probate, the death is required to be registered, have assets valued, complete the probate application form, pay inheritance tax, and take an Executor’s oath at the probate registry or a local solicitor’s office.
Only certain people can apply for Probate. Executors named in it can apply for a Probate if there is a Will. 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 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.

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.

Disclaimer

Joint Executors
It is not uncommon for a Will to have more than one Executor, called a “Joint Executor”, 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 ensure supervision over the other Executors’ work. Up to 4 people can apply for a grant of Probate, and their names would appear on the grant of Probate. Joint executors are required to cooperate 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 will 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 of the Estate.

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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 isn’t easy 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 the 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 to settle 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. 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. Our staff has ethnic diversity, and employees have varied backgrounds. We consider ourselves an equal opportunities employer and would not discriminate based on age, sex, religion or cultural background.

You can view our 2023 survey here in the diversity results PDF (164KB).

Compensation Scheme

You can seek a grant from ICAEW’s Compensation Scheme if we cannot meet our liabilities to you by any unlikely event or a sudden shift in the nexus of complex factors. 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 ought to be aware of the loss. The grant scheme and the varying circumstances on how to 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: [email protected]

Telephone: 0300 555 0333.