Probate and Estate Administration
Coming to terms with the death of someone close to you is always hard and it can be even more difficult if you are the Personal Representative. This could be as either an Executor (a person appointed in the Will) or as an Administrator (if there is no Will). Personal Representatives are responsible for ensuring the estate is administered correctly.
The estate administration process can be complicated and time consuming. Personal Representatives must perform their duties in accordance with the law and the terms of the Will (if any), and can be held personally liable for any mistakes they make. The process will often involve valuing the assets, dealing with inheritance tax, applying to the court for a Grant of Probate or Grant of Representation, collecting in the assets and paying any debts and liabilities. It may also be necessary to deal with income and capital gains tax and paying any outstanding liability.
We can support you through this process, by either applying for the Grant of Probate/Grant of Representation or by advising you with regards to the administration of the entire estate.
Claims against the estate
If you are an Executor or Administrator, we will advise you of your potential liability in respect of possible claims against the estate of the deceased. This includes the important steps you can take to prevent yourself from becoming personally liable.
If, on the other hand, you feel you have not benefited from or received the share of a Will you feel you ought to have received, we can help you make a claim against the estate. After considering your personal circumstances, we will advise you on the right course of action to take and support you throughout. This could include challenging the validity of the Will, making a claim regarding the administration of the estate or making a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
"Thanks for all you have done to help and guide us through the administration process and also for the support you gave to Aunt J in looking after her affairs. She was happy knowing that her affairs we in good hands and she often said to me that she did not have anything to worry about. Your support and kindness has been much appreciated' Client thank you letter - October 2016.
"Everyone I have engaged with at Clapham & Collinge has helped me through a difficult time, combining utmost professionalism with a friendly and understanding approach" Client Satisfaction Questionnaire - August 2018.
To find out more or to discuss your individual requirements in further detail, our dedicated Probate and Estate Administration solicitors will be delighted to help.