Probate Frequently Asked Questions

You need to check who is listed as the Executor or Executors in the Will (one person may be listed or there could be more than one person). Once this has been established then the Executor/s needs to decide whether they want to act as the Executor or whether they want to instruct a professional Executor to act (Solicitor).

The Executor/s then need to obtain the death certificate, arrange the funeral and make sure the death is registered. Depending on the value of the estate and whether or not there's property to be dealt with in the estate; then the Executor/s need to decide whether they need to apply for probate.

We offer a probate service and unlike many firms that charge a percentage of the estate we don't do that. We offer low fixed fees. Please do not hesitate to contact Shams Addow at our office should you wish to enquire about our fees.

If probate has been applied for and granted in respect of the Will then anyone can request a copy of the Will for a small fee on the government website www.gov.uk/search-will-probate . You just need the deceased's full name and year of death.

If there is a Will and probate hasn't been applied for then you would need to get a court order stating that your family member has to provide you with a copy of the Will. It would probably be worth speaking to us if you think that you need to go down this route.

If, as a result of either of the above scenarios, your family member is deemed to have acted fraudulently then you have a claim against them for breach of trust and you will be able to recover what should have passed to you under the Will.

You don't have to act if you don't want to. You could instruct us (or any other Probate Solicitor of your choosing) to act as the Executor.

Or, if there are other Executors other than you listed in the Will, you could choose to have 'power reserved' which means that the other Executor/s step up but you can join in on the process at a later stage if you want to.

In this situation one of the beneficiaries can apply (via the court) to be the Administrator of the estate (an Administrator has the same powers as an executor).

An Executor is appointed in the Will whereas an Administrator is appointed by the court. Once someone has been appointed, by the court, as an administrator then they have the same powers as an Executor.

It takes approximately 6-8 weeks to get a grant of probate. After that it is difficult to say how long it then takes to process the deceased's estate.

It will depend on the size and complexity of the estate and also how cooperative all parties are who need to be involved.

No — you don't have to use a Solicitor. If you want to you can make the application yourself.

It is obviously impossible to give a gift to someone who has died. If this happens then the gifts become part of the 'residue' of the estate. The residue of an estate is basically what is left after expense and gifts have all been paid/given out.

Inheritance tax is payable on estates with a value of more than £325,000.00 and is only charged on the part of the estate that exceeds this amount. So for example if the estate was worth £400,000.00 then £75,000.00 would be subject to Inheritance tax.

The current rate payable is 40%.