Probate Services

The term probate refers to the legal process of dividing up the estate of someone who has passed away. Our probate solicitors understand that the loss of a loved one is a difficult and sensitive time, so we are dedicated to making our probate services as straightforward and as hassle-free for our clients as possible. The compassionate team of probate lawyers at Harding Evans Solicitors have a wealth of experience in these matters, so you can rest assured that your probate services case is in good hands.

To get the process underway and to allow your legal advisor time to get a good understanding of your situation, we offer a free 30-minute consultation at either our Cardiff or Newport office.

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)

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.