InHouse Wills arranges expert help for clients dealing with probate in Leicester
and all surrounding areas.
Let us visit you at home to advise on probate, whether you live in Narborough, Kirby
Muxloe, LE3, LE9, LE19 or indeed anywhere in and around the Leicester area.
Grant of Probate
We have for our probate service in Blaby, Broughton Astley, Earl Shilton, Glenfield,
Huncote, LE9, LE19 - indeed around all parts of Leicester
Probate: (from Latin “probatus”) v.t. to obtain official approval of an instrument
purporting to be the last Will and testament.
(in everyday terms: probate means dealing with all the financial, tax and legal matters
of implementing a Will or the rules of intestacy)
The term ‘probate’ refers to just a small part of the process of sorting out the
affairs of someone who has passed away. However, in everyday language we often use
it to cover the full ‘estate administration’ - that is, all the complex legal, tax
and financial responsibilities that are involved from beginning to end.
Responsibility for handling probate usually falls to the executor, named in the Will.
It is the process of proving the validity of the Will (or confirming that the person
died intestate). The court issues a Grant of Representation confirming the authority
of the executor(s) to take control of the assets and implement the Will (the Grant
may be a Grant of Probate or Letters of Administration, depending upon the details
You may have been offered a service to pay for Probate in advance - a so-called “Pre-bate”
service - or to ‘guarantee’ that the fee will be no more than a fixed percentage.
Our advice is clear - be VERY CAREFUL before paying in advance for Probate or for
so-called discounted fees. There are many reasons to avoid this, including
your estate might not need probate at all, or
the process may be relatively cheap and simple for your family to handle themselves.
If you still think it might be right for you, contact us to discuss the details.
With a simple estate you may be able to avoid obtaining probate. If savings with
any one organisation are relatively small (typically under £15,000) and there is
no property to be transferred and there are no shares to be sold then you may be
in luck. However, it only needs the holder of one asset to insist on seeing a Grant
and suddenly the whole estate becomes involved in the probate process. This can involve
some complex forms covering legal and financial issues including tax submissions
to HM Revenue & Customs.
You have to ensure that any Inheritance Tax due is paid - that is before you can
be issued with the Grant of Representation. Then, once you have the Grant, you are
responsible for gathering in the assets (e.g. closing accounts, selling shares, etc)
paying all the debts and distributing the legacies according to the directions of
the Will. This may include selling property or arranging for it to be transferred
into the name of the beneficiary. If the Will contains trusts then normally the executor
implements the trusts and acts as trustee to look after the assets long term. However,
if all the major assets have already been put into a lifetime Home Protection Trust
then the costs and delays of probate could be reduced or even entirely avoided.
If you simply need some basic advice we can help. Equally, if you would like someone
to take on the responsibility on your behalf then we can organise that for you, no
matter where you live in the country. Contact usfor individual advice on how to
deal with your particular situation.
Applying for Probate and completing Inheritance Tax forms - help is available.
Probate may be needed as each member of a couple passes away. Whether in a couple
or on your own, often you can arrange your affairs to avoid the need for probate.