Probate is the legal and practical process of dealing with someone’s estate after death. If there is a Will, the executors may need to apply for a Grant of Probate. If there is no valid Will, the estate is dealt with under the intestacy rules, and a suitable person may need to apply for Letters of Administration.
Linley James Solicitors can advise executors, administrators, beneficiaries and family members on probate, intestacy, estate administration, inheritance tax, letters of administration and probate disputes. Whether the estate is straightforward or contested, we can help you understand who has authority to act, what steps are required, and how the estate should be dealt with properly.
When Someone Dies
When someone dies, their estate may need to be collected in, debts and tax dealt with, and the remaining assets distributed to the correct beneficiaries. This process is often called probate, although the exact procedure depends on whether the person left a valid Will.
If there is a Will, the executors may need to apply for a Grant of Probate. If there is no valid Will, the estate is usually dealt with under the intestacy rules, and the appropriate person may need to apply for Letters of Administration. The rules can be technical, particularly where there are unmarried partners, children from different relationships, disputed family circumstances, missing beneficiaries, foreign assets, property, business interests, or inheritance tax concerns. Executors named in a Will can apply for probate; where there is no Will, GOV.UK explains that the closest living relative may be able to apply.
At Linley James Solicitors, we can help you understand what needs to be done, who has authority to deal with the estate, whether probate or letters of administration are required, and how the estate should be administered lawfully and efficiently.
If there is a Will
Where the deceased left a valid Will, the executors named in the Will are usually responsible for dealing with the estate. This may involve valuing assets, dealing with inheritance tax, applying for the Grant of Probate, collecting in estate funds, paying debts, and distributing the estate to the beneficiaries. GOV.UK notes that before applying for probate, the estate value must be estimated.
If there is no Will — intestacy
If someone dies without a valid Will, their estate passes under the intestacy rules. This means the law decides who is entitled to inherit, rather than the deceased’s wishes. This can be difficult where there is an unmarried partner, estranged family, stepchildren, children from different relationships, or uncertainty about who should administer the estate. HMRC guidance explains that where someone dies without making a Will, the estate passes under the intestacy rules.
Applying for Letters of Administration
Where there is no Will, or where a Will is invalid or there are no executors able to act, it may be necessary to apply for Letters of Administration. The person appointed becomes the administrator of the estate and must deal with the estate according to the law. Citizens Advice explains that letters of administration may be required where there is no Will, the Will is invalid, there are no executors, or the executors cannot or will not act.
Probate disputes and caveats
Probate and intestacy can become more complicated where there is a dispute about the validity of a Will, who should act as executor or administrator, whether someone has exerted undue influence, whether the deceased had capacity, or whether a caveat has been entered at the Probate Registry. We can advise on contentious probate, caveats, warnings, estate disputes and urgent protective steps.
Inheritance tax and estate administration
Many estates require careful consideration of inheritance tax, lifetime gifts, property, trusts, business assets, foreign assets, pensions, debts and estate accounts. We can help executors and administrators understand their duties and avoid unnecessary delay or personal liability.