Probate and Estate Administration

On someone’s death it is necessary to deal with their 'estate'. An estate is considered to be made up of the money, property and any possessions that the deceased had at the time of their death. The process of 'Probate' involves collecting any money that is owed, settling any debts due (including outstanding taxes) and dividing the estate amongst the beneficiaries who have been named in the Will or otherwise distributing the estate in accordance with the Intestacy Rules which apply if there is no Will in existence.

All assets (including property) in an estate will remain frozen until the Probate Registry gives the authority to the individual(s) named in the Will as the Executor(s). This authority is known as a 'Grant of Probate' (or if there is no Will, 'Letters of Administration'). Once this authority has been obtained the debts and taxes and so on can be paid off and the estate divided amongst those entitled. Sometimes, especially where there are children involved as beneficiaries, it is necessary that Trustees take responsibility for the entitlement that the children have until they reach the age of 18, or other ages that might have been specified in the Will. The Trustees should have been appointed in the Will and will often be the same people as the Executors.


Whether you are an Executor named in a Will or the next of kin, or if there is no Will at all, we can provide practical guidance to help you deal with an estate. We can help you determine the size of an estate for Probate and Inheritance Tax purposes. We can prepare an application to the Probate Registry for the 'Grant of Probate' necessary to distribute the estate, and deal with all the other aspects involved in concluding the deceased's affairs and ensuring that the beneficiaries named in the Will receive what they are entitled to.

Sometimes a problem arises over the interpretation of a particular provision in a Will, a particular gift, or the validity of the whole Will itself - for example if the deceased may not have had sufficient understanding about what he/she was doing when they made the Will. There are complex rules that govern such situations and we can assist in this area, including the conduct of Litigation if this becomes necessary.

INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT

Claims may also be made on a deceased's estate under the Inheritance (Provision for Family and Dependants) Act. The claims may be made by spouses (and ex spouses in certain circumstances), cohabitees, children and others who claim to be entitled to sums from the estate even though they may not have been named in the Will, or have been given something in the Will but maintain they are entitled to more. There is a time limit for making such claims. We can help with handling these claims.

VARIATION OF A DECEASED’S WILL

The provisions in a Will of a deceased may be varied by the beneficiaries to for example reflect changes in the deceased's family's situation arising since the date when the Will was made, or to put in place a more tax efficient distribution of the deceased's estate. However there are conditions imposed by law which must be fulfilled before a variation to a Will can be properly made, and there is a time limit also.