Probate Facts

• 1. After death the task of sorting out a person’s property and affairs has to begin. This is known as the Administration of the Estate.

• 2. Responsibility falls to the Executor(s) named in the will or where there isn’t a Will, to the next of kin. This can be a heavy burden at an already very emotional and stressful time. Minster Law will ease you of this burden.
• 3. The process of Administration can be a complex one requiring the authority of the Court who issue a Grant of Representation formally appointing Personal Representatives (PRs) Minster Law will relieve you of this burden ensuring that the Administration is progressed efficiently whilst still keeping you informed of the progress throughout.
• 4. In certain circumstances, the Personal Representative may find it difficult to carry out the tasks required of them, even where ML Probate is appointed. In such cases, we can prepare a Power of Attorney so that someone trusted by you can act on your behalf in the matter. If you wish to discuss appointing an attorney to assist you on a longer term basis, please call our team on 0845 600 6988 and a member of our team will discuss with you Lasting Powers of Attorney.
• 5. Once the Grant is obtained assets can be sold, such as the home of the deceased and money in banks and investments collected in. Where there is property to be sold, Minster Law can offer highly competitive prices and you will have the reassurance that we work together to ensure the related matters progress smoothly.
• 6. PRs are responsible for identifying Inheritance Tax liability and for submitting a tax return whether or not any tax is due and for making payment to the Inland Revenue. We appreciate tax can be confusing, so the experts at Minster Law will ensure all tax aspects of the estate are dealt with correctly and efficiently.
• 7. Inheritance Tax must be paid within 6 months of death. The Grant of Representation cannot be issued until all tax due is paid. If funds are not available from the estate the Executor will have to borrow the money or pay the tax from their own resources.
• 8. PRs remain personally liable to the estate for up to six years after the deceased’s date of death. If a PR makes an error which results in a loss to the estate, they will have to make good the loss and may even face legal action from beneficiaries.

Probate Enquiry Form