Find the Right Probate Solicitors Cardiff

Probate is the legal process of settling a deceased person’s estate, resolving all claims and distributing their assets to beneficiaries.

It depends on a range of factors. Sometimes probate is not needed if there is already a will in place, but you may still be asked to apply for probate services if you are named as an executor in the will.

For further information, especially in contentious situations, get in touch with our probate Cardiff office.

The task of applying for probate and administering the estate falls on the shoulders of the executor or administrator stated in the will. If there is no document outlining this, then it becomes the responsibility of next of kin.

The probate application process can be lengthy and confusing, so it is best to ask for help from specialist solicitors. At Legacy Wills and Probate, we will guide you through every step of the way, from filling out the form to drafting letters of administration and making sure all taxes are paid.

No, not all wills go to probate. Probate is only required if the estate is worth more than a specific amount, which is typically £5,000. So, if the estate has less than £5,000 worth of assets, it can be distributed without going through probate.

Other reasons why a will might not need probate include:

• If all of the assets are jointly owned
• If all of the assets are held in trust
• If there is no real estate involved

Reasons why a will might need probate include:

• If the estate is worth more than £5,000
• If the deceased did not have a joint owner or beneficiary named on their accounts
• If the deceased owned real estate in their name only

If you’re unsure if probate is necessary for your situation, it’s best to speak with a solicitor. For the best advice on how to proceed, contact our Cardiff office today.

The time it takes to complete the process varies based on your specific circumstances, such as the estate’s complexity and size. For example, if the estate contains foreign property, probate may take up to a year or longer to complete.

However, probate is usually completed in around six months to a year after the initial probate registry is established.

The probate threshold is set by the bank or building society in addition to the number of accounts held by the deceased. There isn’t a probate threshold specific to England or Wales at this time.

Don’t wait to contact Legacy Wills and Probate if you’re concerned about income tax or the tax threshold for any assets or property you might inherit in a will.

Executors are typically the only people who receive a probate grant, unless there is a dispute, whereas letters of administration are given to those eligible under intestacy rules if the deceased died without creating a will.

Our experienced team at Legacy Wills and Probate can offer guidance and help related to probate and estate administration. If you come into possession of these letters under contentious circumstances, please do not hesitate to reach out to our probate solicitors in Cardiff today for a free consultation on your unique case.

You will need the death certificate to move forward, but an interim one will work for now if you have not received it yet.

If you are having trouble getting your hands on the death certificate, our Cardiff probate solicitors can help. We understand that this is a difficult time and will do everything we can to make the process as smooth as possible for you.

Yes, tax must be paid before probate can take place. Inheritance tax must also be paid within six months of the individual’s death, otherwise, HMRC will start charging interest on the tax. Allowing accrual of estate inheritance tax interest might lower your inheritance and even eat into your personal funds. 

Contact our knowledgeable wills and probate solicitors in Cardiff for further assistance if you need more information on estate planning and other legal matters.

Beneficiaries of an estate are unlikely to be taxed on assets they acquire. The deceased individual will nearly always be held responsible for any taxes. 

However, any income generated from property or assets given to the surviving person or partner as part of a legal will may be taxed as part of the probate fee final bill. In certain complex circumstances, the beneficiary may be required to pay related taxes as part of the probate cost final bill.

Get in touch with our Cardiff probate team if you’re unsure whether you should be paying the relevant taxes.

Yes, a grant of probate is required to access a deceased person’s assets and may be obtained from the Probate Registry. Financial institutions such as building societies and banks always demand this document to ensure that they send money or assets to the correct person.

A close relative, civil partner, surviving spouse, or unmarried partner can apply for the grant of probate at the probate registry. So long as the applicant for the grant of probate is named in the original will, there are no restrictions on their relationship to the deceased.

The size of the deceased’s estate will dictate how much you’ll need to pay in probate fees. For instance, if the estate is large, there will be more complicated tax forms in addition to capital gains taxes and higher probate fees.