Lifetime Estate Planning

  • Call now for specialist advice 01424 230296
    E: info@lifetimeep.co.uk

Probate

This name is somewhat misleading. A more useful definition is estate administration.

Probate is technically:

“The process of legally establishing the validity of a Will before a judicial authority”

So, probate is only a small part of the whole process of estate administration

It is the responsibility of the Executors appointed in a Will to administer the Estate, but there is more to the role than many people realise.

The moment the Testator dies, the role of the Executor(s) begins and there are some very important initial duties:

  • Securing the assets. They are now legally responsible for the assets of the Testator and may need to secure the property and belongings e.g. change the locks on the property, switch off utilities etc.
  • Insure the assets. They must ensure that the house and contents are insured.
  • Arrange the funeral, which is an Executor duty, but normally involves the family
  • Assess the death estate assets & liabilities
  • Calculate whether there is an Inheritance Tax Liability, complete the associated forms, agree with HMRC and arrange to pay any tax due to HMRC.
  • Arrange for the Grant of Probate, which gives legal authority to the executors to deal with the Estate
    Call in assets
  • Pay debts and liabilities
  • Complete Estate Accounts
  • Distribute the estate according to the Will

 

Sadly, many family members are appointed as executors in Wills and have no idea of the responsibility and often do not know they have been appointed in the Will until the Testator dies.

The great news is that Executors who do not feel able to complete the role can appoint Assured Probate Services (which is a part of APS Legal) in conjunction with Lifetime Estate Planning to deal with the estate administration taking away this burden when many are grieving.