Probate and Estate Administration

If you have been appointed as an executor or administrator of an estate, it can be a challenging role to navigate. Our legal team recognise how emotionally challenging this role can be and strive to provide an empathetic service for our clients, with expert estate administration and probate advice.

Our probate and estate administration solicitors always approach matters with the utmost sensitivity and compassion. We understand how difficult it is to lose a loved one and want to ensure you receive close personal support.

At Huggins Lewis Foskett in South Woodford, our team of private client solicitors can assist with all manner of scenarios concerning probate and estate administration, even for those more complicated cases, such as a high-net-worth estate. We can assist with applying for grant of probate and administrating the estate, including on your behalf, as well as dealing with contentious probate claims.

If you would like to talk to our London solicitors dealing with probate, ring us on 0208 989 3000. Or use our simple contact form to request a call back and we will be happy to answer your questions.

At Huggins Lewis Foskett, our team take pride in offering a friendly and proficient service to our clients. Our probate solicitors understand how difficult this type of situation can be and want to create an atmosphere where clients feel completely comfortable and supported.

Many members of the private client team hold awards and accreditations, including the Law Society Wills & Inheritance Quality Scheme (WIQS). Joanna Menikou is also a member of the leading professional association, the Society of Trust and Estate Practitioners (STEP).

Our probate and estate administration service

Applying for grant of probate or letters of administration

If you have been appointed the administrator of an estate, you may need to apply for the grant of probate. In certain situations, this may not be required. Our probate solicitors can provide legal advice on whether the grant of probate is necessary.

Ensuring that everything is done correctly when applying for the grant of probate is important. There are set forms that need accurately filling and relevant documents that need attaching. Our probate solicitors in South Woodford, London will make certain that everything is done correctly, so there are no delays with the process.

Administering the estate

Being made the administrator of an estate is a considerable responsibility, with lots of effort and time required. To ensure everything runs smoothly, it is recommended to obtain the assistance of a legal professional.

Our estate administration solicitors have years of experience helping clients during this tough time. The team will make sure to provide advice in clear, plain English.

Conversely if you do not wish to carry out the estate administration yourself, our solicitor can handle matters on your behalf, allowing you to instead focus on your family and coming to terms with your grief.

Our probate and estate administration solicitors in South Woodford, London can assist you with all aspects of administrating your estate, including:

Assessing the estate
Valuing the estate
Settling debts
Closing bank accounts
Collecting assets
Selling assets
Distributing the estate to the beneficiaries

Contentious probate

When a loved one is not happy with a Will or the handling of the estate administration, it is possible to make a contentious probate claim. In these types of situations, it’s essential to seek immediate legal advice.

It’s our aim to resolve your dispute in the quickest and most cost-effective way possible so you can go back to focusing on your family during this difficult time. We often do this through alternative dispute resolution (ADR) approaches.

Our probate solicitors can assist whether you’re the executor or a loved one disputing the estate administration with guidance on matters including:

Claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975
Defending contentious probate claims
Disputes between Will executors
Disputes between executors and beneficiaries
Disputes concerning the validity of a Will
Removing executors

Everything you need to know about probate and estate administration

What is grant of probate?

Grant of probate is a legal document which authorises the executor of the estate or panel of executors to carry out certain actions to deal with the deceased person’s estate. This includes accessing bank accounts, selling assets and settling debts.

If the deceased person did not leave a Will, instead, a grant of letters of administration is used.

What is the probate process?

If you have been appointed the executor of an estate, you might be confused about what the role entails and the process of acting as an executor.

Typically, the probate process involves:

Applying for the grant of probate/letters of administration
Getting the entire estate valued
Calculating and paying any inheritance tax (IHT) that’s due to HMRC
Selling the estates assets, such as property owned by the deceased
Paying off all debts incurred by the deceased person, for example, loans
Preparing the estate accounts
Distributing bequests to the beneficiaries

Do you need a grant of probate?

Generally, most estates will require a grant of probate for the estate to be administered. But whether a grant of probate is needed will entirely depend on the value of the estate and the bank the deceased used. For example, an estate that does not contain any property and is valued under £10,000 is unlikely to require a grant of probate.

How long does probate take?

Probate can be a complex process, meaning it isn’t possible to provide an exact time frame for how long the probate process will take. Even where the estate is fairly straightforward to handle, such as having a lower value, the time it takes from the deceased’s death to beneficiaries receiving their inheritance is an average of 6 months. However, it can take much longer.

Can the grant of probate be prevented?

If, for whatever reason, someone wanted to prevent the grant of probate, it is possible to do this by ‘entering a caveat’ at the local Probate Registry.

Once a caveat has been entered, grant of probate is prevented for 6 months. If there is a valid reason, the caveat can be extended, but it can also be opposed by the executor or estate administrator who may be able to get the caveat removed if they can successfully argue that it is not justified.

How much does probate cost?

The cost of obtaining grant of probate will depend on the value of the deceased person’s estate. If the estate is valued at £5,000 or under, there will be no cost, and it is likely that probate is not required. For anything valued more than £5,000, the application fee is £273.

Do you have to go to court for contentious probate?

No, court is not the only option for resolving a contentious probate dispute. Matters can often be resolved through out-of-court methods. Examples of these include private negotiation and mediation.

For more combative circumstances, court may be the more suitable route.

Can an executor be held personally liable?

Yes, if mistakes are made with the administration of the estate, the person responsible for administering it can be held personally liable if there are errors. For this reason, it’s highly recommended to seek legal guidance from a solicitor to ensure everything is handled correctly.

Do you need a solicitor for probate and estate administration?

It is not a legal requirement to have a solicitor’s assistance when administering an estate. However, it is generally recommended to ensure the process runs smoothly and problems are sidestepped.

If anything is done incorrectly, you could be held personally liable. If the beneficiaries are unhappy with the handling of the estate, a contentious probate claim could be initiated.

Our probate and estate administration fees

Fixed fee probate and estate administration assistance

For most probate and estate administration matters, Huggins Lewis Foskett is able to charge our services on a fixed fee basis. This provides you with complete certainty from the get-go, so you know precisely what you will be paying.

Hourly rates for probate and estate administration

For matters that are more complicated to handle, such as for estates with a higher net worth, we may need to charge for our services according to an hourly rate. This will be decided based on the level of legal expertise and ongoing help needed.

For an indication of the expected costs, please don’t hesitate to contact a member of the Huggins Lewis Foskett team, and we can book you in for a free, 30-minute consultation.

Our private client team

Speak to our probate and estate administration solicitors in South Woodford, London

Need clear, exert support with probate, estate administration or any related issues?

Call our probate solicitors in South Woodford, London now on 0208 989 3000. Or use the simple contact form below and we will get back to you soon.