Logo

01926 563080

  • Home
  • Our Services
    • Wills
    • Inheritance Tax Planning
    • Probate
    • Lasting Powers of Attorney
    • Deputyship and the Court of Protection
    • Living Wills (Advance Decision)
    • Other Services
  • Our People
  • Working with Us
    • About Dixon Alderton Law
    • Fees
  • News
    • Blog
    • Newsletter Sign-up
  • Knowledge
  • Contact Us

Why instruct a solicitor to help with a probate application

March 6, 2019 By ginadixon2018

Other ServicesWhen someone dies, a grant of representation is the document the person dealing with the estate (usually the executor or next of kin) needs to obtain in order to confirm their legal status and ability to deal with the estate.  If the person who has died left a will appointing executors, then the executors will apply for a grant of probate. If there is no will, the next of kin apply for a grant of letters of administration. The more general term for these documents is a grant of representation.

In 2017 259,956 grants of representation were issued (this includes grants of probate, letters of administration and letters of administration with the will annexed). This figure hasn’t changed much over the years. In 2007 a total number of 286,175 grants were issued. Applications can be made with the help of a specialist solicitor, or directly to the Probate Registry. Some banks offer probate and estate administration services, but they are usually more expensive than using a solicitor.

So, what are the benefits of using a specialist solicitor to assist you?

Dealing with bereavement can be challenging.  As an executor you may find yourself with the onerous and stressful task of having to sort out the estate of a family member or friend while you are grieving. This can involve arranging the funeral, going through personal papers to notify banks, building societies, utility providers etc, and dealing with other family members and beneficiaries.  All of this before you even start to navigate the forms required to apply for a grant of probate (or grant of representation). The forms required include the probate court application form and inheritance tax forms.

The amount of Inheritance Tax (IHT) paid hit a record amount of £5.2 billion in 2018 (according to statistics published by HM Revenue and Customs). The total number of estates liable for inheritance tax has risen every year since 2009/10. The duty to pay IHT can be a complicated process of valuing the assets, applying available exemptions, filling in a lengthy return, assessing what tax is due and then arranging payment of the tax. An error could result in the executors being personally liable for penalties which could be as much as 100% of the tax due.  It is therefore essential that an accurate IHT return is submitted in time and the correct amount of tax paid.

The new residence nil-rate band is forecast to reduce IHT receipts for the Treasury by around £1.5bn in 2020/21 (Office for Budget Responsibility). This, when coupled with the nil-rate band (£325,000 per person) will enable couples to potentially pass on £1m without incurring inheritance tax liabilities. By instructing a solicitor they can work with you to ensure that all potential reliefs and allowances are claimed to maximise the assets passed on to the beneficiaries, possibly with the benefit of ‘after the event’ planning such as a deed of variation.

Leamington Spa Living Wills Solicitors

A solicitor will be able to handle issues that may turn out to be more problematic than first thought: if for example a dispute arises, the deceased died without a will, the estate involves property or assets outside of the UK, the estate is bankrupt etc.

If you are dealing with the estate of the first of a couple to die, a solicitor can provide valuable advice moving forward such as advising a surviving spouse or civil partner about lifetime gifting, the benefits of a Lasting Power of Attorney and perhaps reviewing their own will.

Solicitors are regulated by the Solicitors Regulation Authority and are required to maintain professional indemnity insurance cover, giving you comfort should things go wrong. When choosing a solicitor, it is worth looking out for those who are members of specialist organisations such as Solicitors for the Elderly and the Society of Trust and Estate Practitioners (STEP).

In conclusion, when instructing a solicitor to assist you, you will benefit from professionalism, expertise and impartiality. A solicitor can take the pressure away from you, and it’s worth remembering that the legal fees are payable from the estate.

Gina Dixon (TEP) is a Director and Solicitor at Dixon Alderton Law. To find out more about how we can help you contact Gina on 01926 563080 or at [email protected] , or submit an online enquiry form.

Filed Under: News, Uncategorized Tagged With: grant of representation, probate

Online Enquiry

    IMPORTANT NOTICE: The information you provide will be only used by us to administer your enquiry and any response.
    Use of this form does not create a solicitor-client relationship and information transmitted will not necessarily be treated as privileged or confidential.
    If you are a client, please get in touch with your usual firm contact directly for the most timely response.

    I have read and accept these terms*


    Dixon Alderton Law

    We place our clients’ needs at the heart of everything we do, tailoring our solutions to the client’s requirements and ensuring that we fully understand their objectives. Adopting this type of personal approach allows us to provide an outstanding service in a proactive and cost-effective manner. The service ethic combined with our technical expertise allows us to guide our clients through complex situations whilst understanding the many emotions involved.

    Our Advantages

    Experts in our field
    Efficient
    Experienced

    Society of Trust and Estate Practitioners

    Society of Trust and Estate Practitioners


    Solicitors For The Elderly

    Solicitors For The Elderly

    Contact Us

    • Prospero House, 4A Dormer Place, Leamington Spa, Warwickshire, CV32 5AE
    • 01926 563080 / 02476 011700
    • [email protected]
    • Facebook
    • LinkedIn
    • Twitter

    Authorised and regulated by the Solicitors Regulation Authority of England and Wales with registered number: 648049
    Company number: 09953592
    Copyright © 2022 · Privacy Policy · Legal Statement · Website hosting by Lift Legal Marketing · Login

    This site tracks visits anonymously using cookies. Close this dialogue to confirm you are happy with that or find out more in the Privacy Policy. Agree and close
    Privacy & Cookies Policy

    Privacy Overview

    This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
    Necessary
    Always Enabled
    Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
    Non-necessary
    Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
    SAVE & ACCEPT