Probate FAQs

We don’t know if there is a Will

It is important to take all reasonable efforts to establish whether a deceased person has left a Will. The first place to look is in the deceased’s personal papers to see if there is an original or copy Will or a letter from an organisation such as a firm of solicitors, bank etc. confirming custody of an original Will.

When you instruct Minster Law we will make all necessary searches to ensure that, if there is a Will, it is located.

We don’t know how much the estate is worth

Minster Law will go through with you all the assets of the estate to calculate the gross value of the estate.

How much Inheritance Tax is payable?

Most estates are not subject to Inheritance Tax as they fall below the current threshold of £325,000 (this is also referred to as the nil rate band). For estates with a gross value over this threshold, tax is payable at a rate of 40% on the amount in excess of the threshold.

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.

Who pays the bills?

Normally, liabilities of the estate are settled from the assets of the estate.

In some circumstances, such as where there is a connected Personal Injury claim, legal costs for the application for the Grant of Representation can be recovered from Third Party Insurers.  Minster Law are the country’s largest Personal Injury Solicitors.  Where there is a related Personal Injury  you can be confident that both matters will be dealt with by our co-operating expert teams expertly and swiftly

The Personal Representative(s) should be aware that they can be personally liable to creditors of the estate in some circumstances.

Minster Law will ensure that liabilities of the estate are dealt with correctly and efficiently whilst also advising Personal Representatives on their duties.

How long will it take?

An application for Grant of Representation usually takes between 6-8 weeks and a full administration of the Estate is typically 6-8 months. Timescales are of course dependant on the complexity of the estate.

Why instruct Minster Law?

Minster Law are experts in dealing with all aspects of administering estates and applying for Grants of Representation. On whichever basis you chose to instruct us you can be confident of a professional, efficient and friendly service.

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