A Grant of Probate is the legal authority to act for the estate of the Deceased and administer and/or distribute it in accordance with a Will or Rules of Intestacy

www.gov.uk/wills-probate-inheritance/overview

You may be able to apply for a Funeral Payment  from the Department of Work and Pensions. you can claim the benefit by either calling the Bereavement Service Helpline on 0845 606 0265 between 08.00 and 18.00 Monday to Friday or completing a Funeral Payment (SF200) claim form and sending it to your local Jobcentre plus. 

The benefit is means tested and any money that you may have to repay the grant from the estate if the deceased has one.

If there are funds in a Bank or Building Society account held by the Deceased then Dignity Legal Services can liaise with them on your behalf and arrange for the funeral invoice to be settled directly.

www.gov.uk/funeral-payments/overview

If the Deceased did not make a Will then you will need to swear an Oath in front of a Notary or Solicitor, you need to be sure that there was no Will before you do this. 

If you think that there may be a Will but cannot find it then you will need to prove that you have searched for it, this can be done using a specialist service. 

If the Will is still not found then it will be presumed destroyed and the estate will be dealt with in accordance with the Rules of Intestacy. 

If the Will is subsequently found then the estate must be redistributed in accordance with the Will. Executor may be personally liable for the error, insurance can be obtained in certain circumstances. 

If you decide to appoint Dignity Legal Services to deal with probate we can arrange for a Will Search and if appropriate insurance for you.

If the estate contains any property it can be marketed but cannot sold before a Grant of Probate is given. A Grant of Probate will not be given until any inheritance tax due has been paid. 

If a solicitor was appointed by [Deceased Name] they may expect to be appointed to administer the estate. 

If Co-Executors and beneficiaries agree that the estate should be administered by an alternative firm or by the Co-executors themselves then the Solicitor Executor may agree to Renounce his appointment but isn’t obliged to do so. 

If you appoint Dignity Legal Services to deal with Probate we will liaise with the Solicitor Executor and ask them to Renounce.

If you a few minutes now I can complete an Estate Fact Find with you, I will then be able to tell you how complex the estate is, how long it will take to administer and what Dignity Legal Service would charge to deal with the estate for you.

The Executors or Personal Representatives of the Estate will be able to transfer the ownership of the Deceased property in accordance with the Will or rules of Intestacy. The transfer can only be done with the Land Registry when a Grant of Probate has been given. Depending on the situation you may need to carry out either an Assent or a Transfer. If you decide to appoint Dignity Legal Services to deal with your probate then we will be able to advise which is appropriate in your case.

You can access the forms by contacting The Probate Registry or HMRC. They can be downloaded from the HMRC web site along with the Inheritance Tax Forms, you need to be sure to get the correct forms.

www.hmrc.gov.uk/inheritancetax/iht-probate-forms/find-right-forms.htm

Fees vary depending on the firm in question and the size, value and/or complexity of the estate. The Law Society  guidance to solicitors suggests that they may charge a percentage of the value of the estate depending on whether the estate contains a property of not. They may also charge an hourly rate for the time taken per hour. Some firms will charge a combination of the two. Some solicitors’ may charge more if they are appointed in the Will as Executor than if they are acting for Lay Executors. We have carried out our own market research and found that the percentage rates can vary from 1-3% and hourly rates may vary between £125-£300.

www.lawsociety.org.uk/Advice/Practice/Non-contentious-costs‎

Owning property as tenants in common means the property belongs to you jointly but you also own a specific share of its value. You can give away, sell or mortgage your share. If you die, your share of the property passes to the beneficiary in your will. This type of ownership is reflected by an entry on the register for the property known as a Form A restriction:

www.landregistry.gov.uk/public/guides/public-guide-18

A arrangement whereby people (Trustees) hold assets under the detailed terms that are set of in the Trust document. Trusts can be complicated to administer and it is always advisable to ask for professional assistance.

Owning your property as beneficial joint tenants means the property belongs to you and the other owner or owners jointly. You must all act together as a single owner, for example on a re-mortgage or a sale. You do not own specific shares in the property and you cannot give away a share of the property in a will. If you die, your interest in the property passes automatically to the other owner or owners.

www.landregistry.gov.uk/public/guides/public-guide-18

An Attorney is a person who has authority to act for another person under a Power of Attorney. There are two types General and Lasting. A General Power of Attorney will lapse if the person who gave it loses mental capacity, a Lasting Power of Attorney will not. 

www.gov.uk/power-of-attorney/overview

If the Testator is still alive then they may change their Will with a Codicil or write a new Will naming a different Executor. If the Testator has already died then an Executor can only be removed with their agreement or by the Courts. If you have a dispute with an Executor or you wish to arrange for a Codicil for a Will then I can provide a quote

If the Testator is still alive then they may change their Will with a Codicil or write a new Will naming a different Executor. If the Testator has already died then an Executor can only be removed with their agreement or by the Courts. Some solicitors will Renounce their appointment if other Executors and the Beneficiaries agree. Dignity Legal Services have experience of dealing with this type of case, if I may take some details I can tell you how complex this might be, how long it might take to administer the estate and what Dignity Legal Services would charge to deal with the estate administration for you.

If the Testator is still alive then they may change their Will with a Codicil or write a new Will naming a different Executor. If the Testator has already died then an Executor can only be removed with their agreement or by the Courts. Some solicitors will Renounce their appointment if other Executors and the Beneficiaries agree.

Dignity Legal Services have experience of dealing with this type of case, if I may take some details I can tell you how complex this might be, how long it might take to administer the estate and what Dignity Legal Services would charge to deal with the estate administration for you.

No.

http://www.hmrc.gov.uk/inheritancetax/

It won’t affect you, but the estate may have to pay Inheritance Tax if the person who made the gift died within 7 years of making it. If I may ask you a few more questions I will be able to give you a more comprehensive answer, it will take about 10 minutes to complete an Estate Fact Find and I can then tell you if the gift will have a impact of the estate, how complex the estate is and how long it will take to administer. I will also be able to advice on whether professional help will be needed and how much Dignity Legal Services will charge to provide the appropriate service.

http://www.hmrc.gov.uk/inheritancetax/

A Grant of Probate issued by an English or Welsh probate registry is valid in England and Wales but not Scotland. It may be accepted in some countries, you will need to ask the institution that holds the account. You may need to apply for a Grant of Probate in each county where assets are held. 

If I may ask you a few more questions I will be able to give you a more comprehensive answer, it will take about 10 minutes to complete an Estate Fact Find and I can then tell you if the off shore accounts are likely to  have an impact of the estate, how complex the estate is and how long it will take to administer. I will also be able to advice on whether professional help will be needed and how much Dignity Legal Services will charge to provide the appropriate service

If your Spouse is still alive then it may be advisable to for your Spouse to change their Will, we can carry out a review free of charge and advise you of the options. 

If your spouse has died then the trustees may agree to vary the Will there are a number of options that they may choose to consider but it isn’t straight forward.

If I may ask you a few more questions I will be able to give you a more comprehensive answer, it will take about 10 minutes to complete an Estate Fact Find and I can then tell you if a Deed of Variation is advisable or will have an impact of the estate, how complex the estate is and how long it will take to administer.

I will also be able to advice on whether professional help will be needed and how much Dignity Legal Services will charge to provide the appropriate service. 

If you appoint Dignity Legal Services to deal with probate we will be able to give you and the trustee’s detailed advise and explain the pros and cons of the different options that you have

The existence of a Trust in a Will often does cause complexity. If I may ask you a few more questions I will be able to give you a more comprehensive answer, it will take about 10 minutes to complete an Estate Fact Find and I can then tell you if the Trust will have an impact of the estate, how complex the estate is and how long it will take to administer.

I will also be able to advice on whether professional help will be needed and how much Dignity Legal Services will charge to provide the appropriate service. 

Depending upon the terms of the Trust, many of our clients decide to use our services to help deal with the complexities.

The Probate Registry is a division of the High Court, if you deal with Probate yourself you will have to visit the court to obtain a Grant of Probate. 

If I may ask you a few more questions I will be able to give you a more comprehensive answer, it will take about 10 minutes to complete an Estate Fact Find and I can then tell you, how complex the estate is and how long it will take to administer.

I will also be able to advice on whether professional help will be needed and how much Dignity Legal Services will charge to provide the appropriate service. 

If you appoint Dignity Legal Services then we can apply for a grant of probate on your behalf and you won’t have to visit the court.

Yes, unless he/s she decides not to. If they do choose to act then you have no choice but to accept them unless you wish to take a case to court.

If I may ask you a few more questions I will be able to give you a more comprehensive answer, it will take about 10 minutes to complete an Estate Fact Find and I can then tell you if the attempting to remove the executor is likely to have an impact of the estate, how complex the estate is and how long it will take to administer.

I will also be able to advice on whether professional help will be needed and how much Dignity Legal Services will charge to provide the appropriate service. 

Yes but in some situations it is advisable to take professional advice as Executors are legaly responsible for the correct distribution of the estate and the payment of Inheritance Tax.

If I may ask you a few more questions I will be able to give you a more comprehensive answer, it will take about 10 minutes to complete an Estate Fact Find and I can then tell you how complex the estate is and how long it will take to administer.

I will also be able to advice on whether professional help will be needed and how much Dignity Legal Services will charge to provide the appropriate service. 

It can vary depending on how complex the estate is, if you have a few minutes I can complete an Estate Fact Find. I will then be able to tell you how complex the estate is, how long it will take to administer and what Dignity Legal Services would charge to deal with the estate for you.

Yes, anyone can contest a Will but they will only be successful if they have valid grounds. Claims are usually made in two ways.

1. That the claimant was dependent upon the deceased and the Will did not make an adequate provision for their future care.

2. That the Will was invalid i.e the Testator did not have the mental capacity needed to make a valid Will or it was forged or made under duress. 

If the second is proved then the court may require that an earlier Will be valid or that the Rules of Intestacy should apply.

If I may ask you a few more questions I will be able to give you a more comprehensive answer, it will take about 10 minutes to complete an Estate Fact Find and I can then tell you if it is likely that a claimant would have grounds or not and what impact that may have on the estate, how complex the estate is and how long it will take to administer.

I will also be able to advice on whether professional help will be needed and how much Dignity Legal Services will charge to provide the appropriate service. 

Inheritance Tax needs to be paid before a grant of probate can be issued.  A property can only be sold if a grant of probate has been issued. Inheritance tax rules can be complicated and you can find guidance at www.hmrc.gov.uk 

If I may ask you a few more questions I will be able to give you a more comprehensive answer, it will take about 10 minutes to complete an Estate Fact Find and I can then tell you if inheritance tax will apply and what impact that may have on the administration of the estate, how complex the estate is and how long it will take to administer.

I will also be able to advice on whether professional help will be needed and how much Dignity Legal Services will charge to provide the appropriate service.

http://www.hmrc.gov.uk/inheritancetax/

Dignity Legal Services only works with very large and efficient solicitors who have invested heavily in business systems. This means that they can work more quickly and efficiently than some smaller High Street firms.

If I may ask you a few more questions I will be able to give you a more comprehensive answer, it will take about 10 minutes to complete an Estate Fact Find how complex the estate is and how long it will take to administer.

I will also be able to advice on whether professional help will be needed and how much Dignity Legal Services will charge to provide the appropriate service.

If you are named as Executor in a Will then you can appoint an Attorney to act on your behalf. If you can only appoint them under a  General Power of Attorney which will laps if you lose mental capacity to make decisions. If you are elderly or in poor health it may be better to appoint a professional to act on your behalf.

If I may ask you a few more questions I will be able to give you a more comprehensive answer, it will take about 10 minutes to complete an Estate Fact Find and I can then tell you if it is advisable to appoint an attorney and if that will have an impact on the estate, how complex the estate is and how long it will take to administer.

I will also be able to advice on whether professional help will be needed, you may be able to appoint Dignity Legal Services as attorney, I will be able to tell you how much we will charge to provide the appropriate service.

When a Grant of Probate is given a Will becomes a public document and can be viewed by anybody. A beneficiary may become aware that they have not received a legacy that was due. Charities use a specialist service and will pursue any legacy due to them that they have not received. Criminal and Civil proceedings may result. 

If I may ask you a few more questions I will be able to give you a more comprehensive answer, it will take about 10 minutes to complete an Estate Fact Find and I can then tell you, how complex the estate is and how long it will take to administer.

I will also be able to advice on whether professional help will be needed, you may be able to appoint Dignity Legal Services as attorney, and I will be able to tell you how much we will charge to provide the appropriate service.

Applying for a Grant of Probate for a third party is a reserved activity under the legal services act. It enables solicitors to apply for a grant for you without having to visit the court. A person may only obtain a grant by visiting the court. 

If I may ask you a few more questions I will be able to give you a more comprehensive answer, it will take about 10 minutes to complete an Estate Fact Find and I can then tell you, how complex the estate is and how long it will take to administer.

I will also be able to advice on whether professional help will be needed, you may be able to appoint Dignity Legal Services as attorney, and I will be able to tell you how much we will charge to provide the appropriate service.

An insolvent estate is defined as an estate which contains less by way of value in assets than it does by way of liabilities. i.e. the Deceased owed more money than he had in property, bank accounts etc. an Insolvent estate can be very complicated and the debts must be paid in a strict order, an Executor that does not follow the order may become personally responsible for paying the debts themselves.

If I may ask you a few more questions I will be able to give you a more comprehensive answer, it will take about 10 minutes to complete an Estate Fact Find and I can then tell you, how complex the estate is and how long it will take to administer.

I will also be able to advice on whether professional help will be needed, you may be able to appoint Dignity Legal Services as attorney, and I will be able to tell you how much we will charge to provide the appropriate service.

Yes, insolvent estates can be very complicated and the debts must be paid in a strict order, an Executor that does not follow the order may become personally responsible for paying the debts themselves.

If I may ask you a few more questions I will be able to give you a more comprehensive answer, it will take about 10 minutes to complete an Estate Fact Find and I can then tell you, how complex the estate is and how long it will take to administer.

I will also be able to advice on whether professional help will be needed, you may be able to appoint Dignity Legal Services as attorney, and I will be able to tell you how much we will charge to provide the appropriate service.

Yes they can but you will still be responsible in law for the work that is done. If you feel unable to deal with the administration you should consider appointing a professional to ensure that the estate is correctly administered.

If I may ask you a few more questions I will be able to give you a more comprehensive answer, it will take about 10 minutes to complete an Estate Fact Find and I can then tell you, how complex the estate is and how long it will take to administer.

I will also be able to advice on whether professional help will be needed, you may be able to appoint Dignity Legal Services as attorney, and I will be able to tell you how much we will charge to provide the appropriate service.

We are able to provide a fixed fee Conveyancing service to deal with the sale of a property

The personal representative will be responsible for deciding who the trustees will be. The trustee must be over 18 and mentally capable to look after other people’s money. They should also have a sound financial history. However, the trustees decided to be appointed are under no obligation to agree.

 The personal representative will be responsible for deciding who the trustees will be. There must be two trustees at all time. It is recommended to consult with a solicitor to help set up a trust.

The foreign asset would be subject to the laws and regulations of the jurisdiction it is in. However, it would have to be declared to the HM Revenue and Customs via the IHT417 form.

 Any foreign asset is subject to the laws and regulation of the jurisdiction the asset is located in. However all assets including foreign assets will need to be declared on for IHT purposes.

The deed can only hold names of maximum 4 legal owners. If the property has been left to more than 4 beneficiaries then 4 would be the legal owners and they will hold it on trust for themselves and the others.

 A title deed can only hold four legal owners. If there are more than four people with an interest in the property then these will be held in trust. This will be reflected as a restriction on the title deeds.  

It will all depend upon the jurisdiction the boat is registered in. However, the process of bringing the boat back to its registered country will depend upon the laws of the jurisdiction it is in.

The estate will be split between 2 ways. The surviving sibling will inherit the first half and the second half will be split equally amongst the deceased siblings children.  

Where there is no will the rules of intestacy will dictate how the estate should be distributed. In this example the rules on intestacy states the estate must be distributed between full siblings first or their issues (children). Therefore half of the estate will be distributed to the surviving sibling and the other half to the deceased sibling’s children.

Everything will depend on the nature of the inquest. However, an interim death certificate should be issued which will allow you to carry out the necessary estate administration duties. 

Depending upon the amount one is inheriting it could affect benefits.

 It is dependent on the benefits being received. Some benefits are means tested and others are not. It is best to speak directly with the benefit provider. If any inheritance is likely to affect any benefit, specialist solicitors can offer options to try and minimise the impact either within in a will or through a deed of variation.

There are several different trusts available for vulnerable people. Tax rules for such trusts differ compared to trusts for mentally capable individuals.

The estate will administer the funds to the trustees as usual. The type of trust set up may vary depending on the protection they need but the administration will be the same. It is advised to seek advice from a solicitor.

Yes if he/she has the receipts and prove that he would have been paid back by the deceased once the property was sold.

If work was done on the property prior to the deceased passing, then this will all dependent on the arrangement the work was done under. If this was merely a gift by the beneficiary then this cannot be reclaimed. The beneficiary can claim that this a debt owed by the deceased however they will need to provide evidence to reflect this. 

Wills normally have clauses that state that the spouse would only be able to inherit if they survived more than 28 days. Then it will go on to state who the beneficiaries would be otherwise. The estate will pass to the named beneficiaries.

This will prevent the nil-rate band being transferred over and both estates will be subject to their own probate. 

If a will includes that the spouse can only benefit if they survive 28 days after then the estate will go straight to named beneficiaries. This prevents the nil rate band being transferred.

If there is no such clause then the law will deem that it did pass from spouse to spouse and then to the nil rate band will pass.

In both instances it is best to seek assistance from a solicitor to ensure this is done correctly.

The property will be distributed under the rules of intestacy. If one sibling would like to keep the property all the others will have to agree. This would be done through a conveyancing transaction.

Once probate has been obtained the beneficiaries can come to an agreement on what they wish to do with the property. It will be a usual conveyancing transaction of buying someone out. It is best advised to seek assistance from a solicitor in relation to this.

In 1997 the Land Registration Act introduced the compulsory registration of land purchased after this date. 

In 1997 the Land Registration Act introduced the compulsory registration of land purchased after this date. Any property which has not been registered is classed as unregistered and will require additional work. Our specialist solicitors are able to deal with this (additional disbursements).