Simpson Sissons & Brooke Solicitors

Most people have heard of the term ‘probate’ and have a rough idea that it relates to the administration of deceased estates.  Beyond that many people do, understandably, get confused about the probate process. 

The starting point is to establish whether or not the deceased left a valid Will.  If there is no valid Will then the intestacy rules will dictate how the estate is to be distributed amongst the deceased’s relatives.  If the deceased left assets worth more than £5,000 then it will be necessary for one of the relatives entitled to the estate under the intestacy rules)  to apply to the court for a grant of letters of administration.   This is simply a document from the court which allows the person named in the grant to collect in and distribute the estate (including the sale of any freehold or leasehold property). 

Where the deceased has left a valid Will then again, if the estate is worth more than £5,000 in value, the executors will have to apply to the court for a grant of probate.  A grant of probate is simply a document from the court confirming that the Will is valid and that the estate can be wound up in accordance with the provisions of the Will. 

Do I have to appoint a solicitor to deal with the administration of the estate?

The simple answer is no.  If you are a person who is legally entitled to the estate under the intestacy rules or an executor appointed in a valid Will, there is nothing to stop you dealing with the administration of the estate personally, if you feel you have the time and are able to cope with the responsibility.

For clients who feel that they would like to do most of the work themselves and simply have access to a solicitor to clarify legal points and/or draw up any necessary legal documents, we have created afixed fee advisory service.

On the other hand, If you consider that sorting out the administration of the estate would be too emotionally upsetting or if the estate is large and complex, then you can take advantage of our full estate administration service through which we will deal with every single aspect of the estate administration procedure for you including

• initially establishing all the assets in the estate and their respective values,
• filling in the appropriate Inland Revenue forms and arranging to pay any inheritance tax which may be due,
• preparing the application to the court for the grant of letters of administration/probate,
• once the grant document is received from the court circulating it to all those holding assets for the deceased and arranging for settlement cheques to be sent direct to our office,
• dealing with the sale of any property,
• paying any bills which may need settling (including the funeral account)
• preparing the final accounts for the administration of the estate and distributing the estate to the beneficiaries.

As part of this service we can also advise on whether there are any opportunities to reduce inheritance tax by the beneficiaries entering into a deed of variation of the Will. We can also advise beneficiaries on whether or not they need to change their Wills following their inheritance and we can put you in touch with independent financial advisors who can advise you on the investment of your legacy.

So whether you simply require a few hours of our time to assist you with the legal documentation or our full dedicated service we have tailored our services to suit your personal needs and requirements.

Court of Protection – The Court of Protection supervises and makes orders for the management of property and financial affairs of people who are mentally incapacitated, where they have not made an Enduring or Lasting Power of Attorney. The court can also make welfare and medical decisions, where necessary. We can assist in the application to appoint a deputy, and getting appropriate orders from the court to deal with assets as well as making a will or gift for the person who lacks mental capacity.

Power of Attorney – allowing you to give authority to another person (the attorney) to handle your finances and/or make health and welfare decisions on your behalf. You must have mental capacity to give the power. In the event you become mentally incapable an Ordinary Power of Attorney is automatically cancelled, whereas a Lasting Power of Attorney will be valid, provided it is registered with the Public Guardian.