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Battrick Clark Solicitors of Bristol offer all the help and legal advice you will need if you are Executor of a Will and need to deal with the issues involved in obtaining a grant and the administration of the estate.

  • Paperwork must be prepared so that application can be made for a Grant of Probate
  • Assets must be called in, debts paid and the estate distributed
  • Tax liability must be calculated and tax paid, if due
  • We can take the time-consuming parts of the process out of your hands

Grants of Representation

In England and Wales, when a person has died, it is a legal requirement to apply to the Probate Registry for the document known as a Grant of Representation.  This document will enable those entitled to administer the estate.

Where a Will was left, the particular Grant of Representation that is most often needed is known as a Grant of Probate (sometimes referred to as ‘a Probate’ for short). This confers the authority to administer the estate to the  executor of the Will.

If no Will was left, the particular Grant of Representation that is usually required is known as a Grant of Letters of Administration.

Acting as Executor

Should you be appointed by the Will of a deceased person to deal with the distribution of their estate, you will find yourself ‘acting as an Executor’. If no Will has been made, you may wish to apply for a grant appointing you as administrator of the estate. There are rules laid down by the Court, which you will have to follow in administering the estate.

Alternatively, you could instruct Battrick Clark to act on your behalf. To arrange this, you will need to make arrangements to discuss the matter with the solicitor and provide certain information.

Steps in the Administration of Probate

In order to satisfy the legal requirements for a Grant of Probate or a Grant of Letters of Administration, the following measures should be undertaken:

  • Arranging for payment of the funeral director’s fee.
  • Appointment of a named Executor of the Will or Administrator of the estate (an Executor is the chosen personal representative of the deceased named in a Will; an Administrator is a personal representative who is appointed when no Will was left)
  • Publication of legal notices of the death of the deceased individual
  • Direct notification of known creditors
  • Completion of the time period during which claims against the estate may legitimately be made
  • Legal resolution of any disputes over the estate or Will
  • Inventory and valuation of the assets of the estate
  • Calculation and formulation of plans to pay any taxes due on the estate (including inheritance tax)
  • Formulation of instructive guidance to the executor regarding the manner and timeframe for the distribution of the assets of the estate
  • Provision of proper notice to the beneficiaries
  • Formal application by the Executor or Administrator to the High Court for the applicable type of Grant of Representation. This application is best carried out using the services of expert probate lawyers such as Battrick Clark Solicitors.

Questions and Answers

Why do I need a solicitor?

The solicitor will obtain Probate and carry out all the work required on your behalf, including:

  • Proving the Will
  • Calling in assets
  • Distributing the estate in accordance with the Will
  • Paying any tax due on the estate

The solicitor can deal with all other parties concerned so you will not have to be personally involved on a day-to-day basis.

What do you need from me?

  • Specific instructions
  • Original Will and any codicils
  • All financial papers, deeds, documents relating to assets and debts
  • Death certificate

How much will it cost?

It depends on the size of the estate, the nature of the assets and debts, and the time taken to complete matters. We can give you an estimate.

What if there was no Will and I have to deal with the estate?

You can instruct a solicitor to assist you in applying for a Grant of Letters of Administration and to administer the estate in accordance with the Rules of Intestacy.

Are you looking for legal advice?