Probate Services

The legal process of dividing up the estate of someone who has passed away is referred to as probate. Our team of probate solicitors understand that the loss of a loved one is a very challenging and sensitive time. That is why our focus is on providing probate services which are straightforward to reduce hassle for our clients in this difficult time. The experienced and compassionate team of probate lawyers at Harding Evans Solicitors have significant experience in these matters providing confidence that your probate services case is in good hands.

In order to begin the process and to allow your legal advice time to get a clear understanding of your situation, free 30 minute consultations are available at either our Cardiff or Newport office.

Key Steps

The probate process usually involves the following:

1. Checking to see if a Will exists
2. Establishing who the Executor/Administrator of the estate is
3. Understanding and applying the terms of the Will or the intestacy rules
4. Finding out the financial affairs of the person who passed away
5. Calculating whether there is any tax to pay
6. Completing forms for HMRC
7. Making a statement of truth and submitting this to the District Probate Registry
8. Paying inheritance tax (where applicable)

Grant of Representation

A Grant of Representation is a court-issued document that proves the legal authority of the person(s) who have been entrusted to deal with a deceased person’s estate. The people responsible for this are known as the ‘personal representatives’.

If there is a will appointing personal representatives, they are called the executors and they will be issued a Grant of Probate in order to administer the deceased’s estate. If there is no will, the personal representatives are called the administrators and they will instead obtain a Grant of Letters of Administration. Following the issue of the Grant of Representation, either the executor(s) or the administrator(s) will be entitled to receive the assets on behalf of the estate.

Some organisations will transfer assets to Personal Representatives without asking for a Grant of Representation. Some or all of the assets may need to be sold. All testamentary expenses and debts of the estate should be paid before the estate is fully distributed to the beneficiaries. Estate accounts should also be prepared. The estate accounts will help the calculation of any income tax and/or capital gains tax that may be payable by the estate as well as setting out how the distributions are calculated.

We understand that each individual situation is different, so let us know how we can help you today. Click here to contact us directly and find out more about our probate services.