When somebody dies, the appropriate person is required to deal with the deceased’s Estate initially involving identification and securing of assets and enquiring of debts/liabilities and consideration of Inheritance Tax.
During the course of the administration, the appropriate person is responsible for gathering in of assets, settlement of liabilities and distribution to the beneficiaries. Most of the Estate assets (including property) in an Estate will remain frozen until the Probate Court grants authority to deal with matters by way of a legal document called a Grant of Representation.
An Executor is identified by appointment when there is a signed Will and the Estate is distributed in accordance with the named beneficiaries.
An Administrator is appointed under the Rules of Intestacy when the deceased did not leave a Will. Such appointment and beneficiary identification are made strictly in accordance with such Rules.
What is Grant of Representation?
This is the legal document which is issued by the Probate Court, officially appointing the Executor/ Administrator and enabling the administration to proceed. A Grant is not always required to be obtained to deal with a deceased’s Estate. This will depend on the value of the assets held in a deceased’s sole name.
Whether you are an Executor or an Administrator we can provide practical guidance to help you deal with the Grant application and if you require also the Estate administration, including all tax matters,(Inheritance, Income and Capital Gains), gathering in of assets, settlement of liabilities and distribution of the Estate to the beneficiaries.
Within the same Probate department we can also arrange the transfer or sale of a house or land owned by the deceased.
Our Probate Services can assist you with:
- Immediate advice available to the Executors/family upon death
- Assistance with Inheritance Tax : including Nil Rate Band Claims
- Grant of Probate and Letters of Administration applications only
- Grant applications including full administration
- Administration and guidance on Trust Wills, Life Interests and minor beneficiaries
- Deeds of Variation
- Agricultural and Business Relief
- Complex Estates including:
- Missing beneficiaries
- Family disputes
- Insolvent Estates
Contentious Probate Matters
We are able to offer advice services on an initial fixed fee basis regarding contentious probate matters and Will disputes.
Please see our Leaflet entitled “What to Do When Someone Dies (A Guide for Executors and Administrators)” for more detailed information.