Probate and Estate Administration Solicitors

Probate

Probate is the legal process of administering the estate of a deceased individual. At Wade & Davies, we offer a bespoke and professional service, tailored precisely to your individual circumstances and requirements.

Our services encompass everything from obtaining the Grant of Probate to the full administration of the estate. In certain cases, we can also assist with making funeral arrangements. Wade & Davies has particular expertise in managing complex estates and regularly advises on matters where there is no valid Will (intestacy).
 

Dealing with an Estate

When an individual passes away, specific legal and administrative steps must be taken to manage their estate — comprising all property, money, and assets owned at the date of death.

The process required will depend on several factors, including:

• Whether the deceased left a valid Will.
• Whether a Grant of Probate or a Grant of Letters of Administration is required.
• Whether the estate is liable for Inheritance Tax (IHT).

Where there is a valid Will

If the deceased left a valid Will, it will usually appoint one or more individuals with the authority to deal with the estate, known as executors.
The executors are responsible for applying for the Grant of Probate (if required) and for administering the estate in accordance with the terms of the Will.
 

Intestacy (No Will)

If no valid Will exists, the law determines who is entitled to administer the estate. These provisions are known as the Rules of Intestacy, which set out the order of entitlement to both manage and benefit from the estate.
 

Grant of Probate and Grant of Letters of Administration

A Grant is an official legal document providing the authority to collect, manage, and distribute the assets of a deceased person.

There are several types of Grants, the most common being:

• Grant of Probate – issued where the deceased left a valid Will.
• Grant of Letters of Administration – issued where the deceased died without leaving a valid Will (intestate).

A Grant is generally required if the estate exceeds £5,000 in value, although the threshold may vary depending on the nature and ownership of the assets (for example, whether held solely or jointly).

The process for obtaining a Grant will depend on:

• The type of Grant required.
• The overall value and composition of the estate.
• Whether Inheritance Tax (IHT) is payable.

Before applying to the Probate Registry, executors or administrators must investigate and ascertain the full extent of the deceased’s assets and liabilities. If Inheritance Tax is due, it must be paid prior to the issue of the Grant.
 

Administration of the Estate

Once the Grant has been obtained (if required), the executors or administrators must proceed with the formal administration of the estate. This involves:

• Collecting all assets of the estate, including bank accounts, investments, property, and shares.
• Discharging any outstanding debts or liabilities.
• Calculating and reporting any tax liabilities to HM Revenue & Customs, such as Income Tax or Capital Gains Tax.
• Distributing the remaining assets in accordance with the terms of the Will or, where applicable, the Rules of Intestacy.
• Preparing and providing detailed Estate Accounts for the residuary beneficiaries.

How We Can Assist

At Wade & Davies, our dedicated Probate Team comprises experienced professionals, including specialists in high-value and complex estates. We are able to assist with all aspects of the probate and estate administration process.

We provide clear, authoritative guidance at every stage to ensure that the estate is administered efficiently, lawfully, and with the utmost care and professionalism.

For further information or to discuss how we may assist you, please contact a member of our Probate Team.