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 Finding out about Wills and Probate can be a daunting task. Here are some quick links to help you.

 Finding out about Wills and Probate can be a daunting task. Here are some quick links to help you.

The loss of a loved one causes extreme stress, because along with the grief comes a list of essential tasks. This includes contacting the necessary personal contacts, as well as the more formal processes of arranging the funeral and dealing with official documents and offices.

Probate is the process of dealing with the estate of someone who has died, and involves such tasks as clearing their debts and distributing their assets in accordance with their Will.

Applying for Probate is challenging and requires a high level of care and organisation. Below is a checklist of what needs to be done: 

  • Make an exhaustive list of all the assets and debts of the deceased.
  • Settle the deceased's debts and pay any Inheritance Tax necessary.
  • Make a tax payment. This is now your personal responsibility, and failure to honour tax payments may leave you open to personal liability or penalties.
  • Arrange for the care of any minor children and pets. 
  • Locate all the heirs and distribute the contents of the Will.

The loss of a loved one causes extreme stress, because along with the grief comes a list of essential tasks. This includes contacting the necessary personal contacts, as well as the more formal processes of arranging the funeral and dealing with official documents and offices.

Probate is the process of dealing with the estate of someone who has died, and involves such tasks as clearing their debts and distributing their assets in accordance with their Will.

Applying for Probate is challenging and requires a high level of care and organisation. Below is a checklist of what needs to be done: 

  • Make an exhaustive list of all the assets and debts of the deceased.
  • Settle the deceased's debts and pay any Inheritance Tax necessary.
  • Make a tax payment. This is now your personal responsibility, and failure to honour tax payments may leave you open to personal liability or penalties.
  • Arrange for the care of any minor children and pets. 
  • Locate all the heirs and distribute the contents of the Will.

Ask us a question

Ask us a question

Probate - Frequently Asked Questions

Probate - Frequently Asked Questions

In the first five days, as the person handling the deceased’s affairs, you will need to contact:

  • The deceased's family Doctor.
  • A Funeral Director to commence Funeral arrangements (you will need to refer to the Will to establish if special requests or pre­-paid funeral arrangements that may have already been made).
  • The Registry Office to register the death.
  • Any government departments who may have been making payments to the Deceased, such as Tax Credits, Benefits, Pensions etc.
  • You may, depending upon the agreed terms of your role, also need to contact relatives and people close to the Deceased.

Contact the Executors of the Will to enable them to start the process and obtain Probate.

If there is no Will, then decide who will apply to sort out the Deceased's affairs and apply for Letters of Administration.

In the first five days, as the person handling the deceased’s affairs, you will need to contact:

  • The deceased's family Doctor.
  • A Funeral Director to commence Funeral arrangements (you will need to refer to the Will to establish if special requests or pre­-paid funeral arrangements that may have already been made).
  • The Registry Office to register the death.
  • Any government departments who may have been making payments to the Deceased, such as Tax Credits, Benefits, Pensions etc.
  • You may, depending upon the agreed terms of your role, also need to contact relatives and people close to the Deceased.

Contact the Executors of the Will to enable them to start the process and obtain Probate.

If there is no Will, then decide who will apply to sort out the Deceased's affairs and apply for Letters of Administration.

Usually, a close relative, such as a spouse, child or parent will have the legal right to sort out the estate of the person who has died. To administer someone's estate, you need to apply to the Probate Registry for a 'Grant of Letters of Administration'.

Usually, a close relative, such as a spouse, child or parent will have the legal right to sort out the estate of the person who has died. To administer someone's estate, you need to apply to the Probate Registry for a 'Grant of Letters of Administration'.

Typically, Probate or Letters of Administration are required for an Estate to be dealt with, if a property is included. If this is not the case, Probate or Letters of Administration are not required. For example:  

  • If the estate is made up solely of cash and personal possessions.
  • If a property in the Estate is owned by beneficial joint tenants. In this scenario ownership of the property is automatically transferred to the other joint resident.
  • You had a joint bank account 
  • You discover there is not enough money in the estate to pay all the debts, taxes and expenses
  • There are individual life insurance policies and pension benefits linked to the the estate.

Typically, Probate or Letters of Administration are required for an Estate to be dealt with, if a property is included. If this is not the case, Probate or Letters of Administration are not required. For example:  

  • If the estate is made up solely of cash and personal possessions.
  • If a property in the Estate is owned by beneficial joint tenants. In this scenario ownership of the property is automatically transferred to the other joint resident.
  • You had a joint bank account 
  • You discover there is not enough money in the estate to pay all the debts, taxes and expenses
  • There are individual life insurance policies and pension benefits linked to the the estate.

For your fee free consultation on making your Will and arranging Probate.

For your fee free consultation on making your Will and arranging Probate.

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PLEASE GET IN TOUCH WITH US TODAY

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Probate

What to do when someone dies

Please call us on 020 3355 2875

Probate

What to do when someone dies

Please call us on 020 3355 2875

Who needs to be notified when a person passes away?

Who needs to be notified when a person passes away?

Who is typically appointed to deal with the deceased person's estate?

Who is typically appointed to deal with the deceased person's estate?

Do I need Probate if there is a Will?

Do I need Probate if there is a Will?

In this case, one or more Executors may be named in the Will to deal with the person's affairs after their death. 

The Executor applies for a 'Grant of Probate' from a section of the Court known as the Probate Registry. The Grant is a legal document which confirms that the Executor can deal with the deceased person's assets (property, money and possessions). One of the purposes of the Grant is to demonstrate that the Executor/s have the legal right to access funds, sort out finances and collect and share the deceased person's assets, as set out in the deceased's Will.

In this case, one or more Executors may be named in the Will to deal with the person's affairs after their death. 

The Executor applies for a 'Grant of Probate' from a section of the Court known as the Probate Registry. The Grant is a legal document which confirms that the Executor can deal with the deceased person's assets (property, money and possessions). One of the purposes of the Grant is to demonstrate that the Executor/s have the legal right to access funds, sort out finances and collect and share the deceased person's assets, as set out in the deceased's Will.

What if someone dies with a Will?

What if someone dies with a Will?

If there is no Will, a close relative of the deceased can apply to the Probate Registry for legal permission to deal with the estate. 

In this case, they apply for a 'Grant of Letters of Administration'. If the Grant is given, they are known as 'Administrators' of the estate. Like the Grant of Probate, the Grant of Letters of Administration is a legal document which confirms the Administrator's authority to deal with the deceased person's assets. 

When someone dies intestate, dealing with their estate is likely to become a complex and drawn out process.

If there is no Will, a close relative of the deceased can apply to the Probate Registry for legal permission to deal with the estate. 

In this case, they apply for a 'Grant of Letters of Administration'. If the Grant is given, they are known as 'Administrators' of the estate. Like the Grant of Probate, the Grant of Letters of Administration is a legal document which confirms the Administrator's authority to deal with the deceased person's assets. 

When someone dies intestate, dealing with their estate is likely to become a complex and drawn out process.

What if someone dies without a Will (Intestacy)?

What if someone dies without a Will (Intestacy)?

A Grant of Probate is typically required when a deceased leaves one or more of the following: 

  • £5,000, or more.
  • Stocks or Shares.
  • Certain Insurance Policies.
  • Property or land held in their name or as 'Tenants in Common'.

In most cases above, the bank or relevant institution will need to see the Grant before transferring control of the assets. However, if the estate is small, some organisations may release the money to you at their discretion. 

To establish whether the assets can be obtained without a Grant of Probate, the Executor or Administrator will need to write to each institution, informing them of the death and enclosing a photocopy of the Death Certificate (and Will if there is one). 

It is important to be aware that the designated personal representative will not be granted Probate until some or all of the Inheritance Tax due on the Estate has been paid.

A Grant of Probate is typically required when a deceased leaves one or more of the following: 

  • £5,000, or more.
  • Stocks or Shares.
  • Certain Insurance Policies.
  • Property or land held in their name or as 'Tenants in Common'.

In most cases above, the bank or relevant institution will need to see the Grant before transferring control of the assets. However, if the estate is small, some organisations may release the money to you at their discretion. 

To establish whether the assets can be obtained without a Grant of Probate, the Executor or Administrator will need to write to each institution, informing them of the death and enclosing a photocopy of the Death Certificate (and Will if there is one). 

It is important to be aware that the designated personal representative will not be granted Probate until some or all of the Inheritance Tax due on the Estate has been paid.

When is a Grant of Probate needed?

When is a Grant of Probate needed?

For a no-obligation chat about setting up or reviewing your Will and Probate

Please call us on 020 3355 2875

For a no-obligation chat about setting up or reviewing your Will and Probate

Please call us on 020 3355 2875

Please call us on 020 3355 2875 to help put your financial affairs in safe hands .

Please call us on 020 3355 2875 to help put your financial affairs in safe hands .

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What is Probate, and what needs to be done?

What is Probate, and what needs to be done?

At HB Partners, our consultants can advise you on all aspects of Will planning and Probate.

At HB Partners, our consultants can advise you on all aspects of Will planning and Probate.

Setting up a Will and appointing an Executor in advance can help the family of the deceased administer the estate. 

Setting up a Will and appointing an Executor in advance can help the family of the deceased administer the estate. 

Click below to find out more

Click below to find out more

What to do when someone dies?

What to do when someone dies?

Who do I notify first?

Who do I notify first?

Who deals with the deceased person's estate?

Who deals with the deceased person's estate?

Do I need Probate if there is a Will?

Do I need Probate if there is a Will?

What if someone dies with a Will?

What if someone dies with a Will?

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What if someone dies without a Will?

What if someone dies without a Will?

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