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You may have to apply for probate services, whether or not you are named as an executor in a Will. Contact a probate solicitor for more information, particularly in contentious cases.

You may be able to. Whether or not you were named as an executor in the original will, or a revised legal will, you may be required to apply for probate. If there are complex arrangements, or if the probate is a contentious case with complex legal issues involved, it can be a good idea to hire an experienced team to help you with the probate application and estate administration.

Here at Legacy Wills and Probate, we can provide complete support throughout the process, including filling in the probate application form, drafting letters of administration and ensuring all relevant taxes are dealt with, including council tax where applicable.

No, not all wills need to go through probate. Probate is only required if the estate is worth more than a certain amount, typically £5,000. If the estate is worth less than this amount, then it can be distributed without going through probate. Reasons why a will might not need probate include:

• The estate is worth less than £5,000
• All of the assets are jointly owned
• All of the assets are held in trust
• There is no real estate involved

Reasons why a will might need probate include:

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

If you are unsure whether or not probate is required in your situation, it is best to speak with a solicitor. They will be able to advise you on the best course of action.

The exact timescale depends on the complexity and size of the estate. For example, is a larger estate includes foreign property, it can often take up to a year, or maybe even longer, for probate to be completed. In most cases, probate will take around six months to a year following the initial probate registry.

The specific probate threshold depends on the respective bank or building society, in addition to the number of bank accounts involved in the deceased’s estate. There currently isn’t a set threshold for the probate process in England or Wales. If you’re concerned about income tax or the inheritance tax threshold for any assets or property you might receive in a will, don’t hesitate to get in touch today.

A grant of probate is only usually issued to named executors of the Will (although this can be contested in complicated legal matters). Letters of administration, however, are given to those entitled under the rues of intestacy, if the deceased died without a Will in place. If you’ve received letters of administration as part of a contentious probate case, don’t hesitate to get in touch today. Here at Legacy Wills & Probate, we can provide advice and support related to letters of administration, and any other step within the probate process.

The documents that you need to send with your probate process application form include:

• The original Will and any codicils – (codicils are a small addition to the normal contents of a Will)
• Two copies of the Will and any codicils on plain A4.
• The death certificate or, if you have yet to receive a death certificate, an interim one will suffice.
• The correct Inheritance Tax Form, whether Inheritance Tax is payable on the deceased’s estate or not.

Yes, you need to pay inheritance tax before probate can be granted. Inheritance tax also needs to be paid within six months of the person’s death – otherwise, HMRC will begin to charge interest on the inheritance tax. Allowing inheritance tax interest to accrue can lower the amount you’ll get for the deceased’s estate, and can even eat into your personal funds.

If you’re looking for more probate advice related to inheritance tax, seek legal advice from the experienced team at Legacy Wills and Probate.

The beneficiaries of an estate will rarely pay tax on the assets that they inherit. Most taxes will be paid by the estate of the person who has died. However, the surviving person or surviving partner may be required to pay related taxes on any income accrued from property or assets left to them in a legal will. In some, more complicated estate matters, the beneficiary may need to pay certain taxes as part of the probate fee final bill. If you’re not sure whether you, or the estate of the person who has died, should be paying relevant taxes, get in touch today.

Yes. In order to access a deceased’s assets, you’ll need a grant of probate from the Probate Registry. Financial organisations, including building societies and banks, must be certain they release money or assets to the correct person. The person in charge of the probate process is usually named in the original will. A grant of probate is a legal document you need if you want to

Usually a close relative, civil partner, spouse, unmarried partners, or other family members will be the one to obtain the grant of probate from the probate registry. So long as the person applying for the grant of probate is named in the original will, there aren’t any reasons why the person applying needs to be one of the deceased’s surviving relatives.

The amount you’ll need to pay for your probate fee depends on the size of the deceased’s estate, including the complexity and diversity of their assets. The larger an estate, the more probate fees will be incurred, in addition to higher estate administration costs, higher capital gains tax, and more complicated inheritance tax forms.