Probate and Estate Administration

Streamlining the complexities of your loved one’s legacy to ensure a smooth transition.


What is Probate?

Probate is the term used for the process of administering someone’s estate that has passed away. This includes coordinating all of their assets such as selling their property, paying their debts and taxes and then distributing the rest of their estate to their beneficiaries. A Grant of Probate is a legal document issued by the High Court authorising the right person to deal with the estate of the deceased. This person will either be the executor appointed by the will or is the administrator if there is no will.

When is Probate required?

In most circumstances probate is required. It is not required when the estate is low in value or made up of assets owned jointly such as property or bank accounts as they will automatically pass to the surviving owner. Our team can provide more guidance as to whether probate is required.

Who handles Probate?

If there is a Will it would normally include who has been named as an ‘executor’ and therefore who has the duty of administering the estate. There may be more than one person named. An executor must have mental capacity and not be a minor. If you have been appointed as an executor but for any reason either you do not want to fulfil your duties or if you simply require advice and assistance you can appoint one of our solicitors to act on your behalf.

What is a Grant of Representation?

A grant of representation is a document issued by the court to confirm that specified persons (known as the personal representatives) are authorised to deal with a deceased person’s estate. There are various different types of grants of representation. Grants of probate (where there is a Will naming executors) and grants of letters of administration (where there is no Will).

What is a Grant of Probate?

For an executor to collect and distribute the estate’s assets it may be necessary to apply for a legal document called a Grant of Probate. This is issued by the Probate Registry and will give you the authority to handle the estate. To do this you need to determine the value of the deceased’s estate as at the date of death and any lifetime gifts made in the preceding 7 year period. This will include valuations of the deceased’s property, bank and building society accounts together with any investments and any personal possessions.

It will be your responsibility to administer the estate for the benefit of the beneficiaries by collecting all of the assets and settling all of the liabilities. With estates over the current inheritance tax threshold of £325,000, there may be an inheritance tax liability. In this case you will be required to complete an inheritance tax account known as an IHT400. Part of the inheritance tax liability must be paid on applying for the Grant of Probate. All executors named in the Will who wish to apply for Probate must sign the tax account

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Knowledgeable, efficient and friendly staff. Felt confident taking their advice and would recommend to anyone going forward and more than happy to ask them to deal with any legal matters.
Client of Jolyon Barton
In a fast changing world it is reassuring to find a solicitor that has the old fashioned values personal service. A deep understanding of the law yet mixed with up-to-date methods and information - that is Gardner Leader!
Client of Robert Jobson
We were very happy with the service provided. Everyone was always friendly, efficient and really helpful. They made things as easy as possible for my father.
Client of Robert Jobson
The service I received was most satisfactory and I wouldn't hesitate in using your services again.
Client of Penny Wright
I was so grateful for the thoughtfulness and professional work completed by Penny Wright and her team during a difficult period.
Client of Penny Wright
I would highly recommend Marie Verney and her team as the whole process went through smoothly.
Client of Marie Verney
From the commencement to the conclusion of our business matter we received an efficient, friendly and informative service. We were given more than enough time to ask questions and never felt rushed. Communications were dealt with efficiently and clearly. Would not hesitate to use GL again!
Client of Marie Verney
Marie and her team were polite, courteous and understanding throughout. I will be using Gardner Leader again for my LPA's and Will.
Client of Marie Verney
Marie Verney provided an exemplary service when setting up our wills. Professional and friendly guidance from start to finish. Thank you Marie!
Client of Marie Verney
Friendly, personable service and all our needs understood and acted on. Kept us informed at all times. Highly recommend their service!
Client of Lucy Savage
I found Gardner Leader excellent and would highly recommend them to any of my friends!
Client of Lucy Butcher
I have lived in Newbury for the last 38 years and for 36 of these Gardner Leader has been my solicitor both domestic and business. I will not change this!
Client of Jolyon Barton
I wanted to thank you (including the wider Gardner Leader, and in particular Penny as well). Both the work in finalising my grandmother’s estate, but also in helping with the power of attorney. I have found yourself and the Gardner Leader team to be professional, approachable, and helpful.
Client of Hannah Wallbridge
Thank you for this, and for your meticulous attention to managing my brother’s estate. Thank you for your efforts and those of your colleagues.
Client of Hannah Wallbridge

Meet the Probate and Estate Administration Team

Meet the Probate and Estate Administration Team