Probate

At Bowcock & Pursaill, we understand that losing a loved one can be an upsetting and stressful time. Add to that the administration that is required to deal with a deceased person’s estate and things can become too much.      

That is why our friendly and dedicated team of Probate Lawyers have been supporting families throughout Stoke-on-Trent, Staffordshire and beyond in dealing with the administration of their loved ones estates.

When someone passes away, there will be a number of things to organise and sort out. This can range from organising the funeral to closing bank accounts, paying bills and arranging the sale of a property if they have one. The word ‘Probate’ is often banded about at this time and it can be confusing as to whether this applies to your loved one’s estate and if so, how to go about applying for it.

The need to obtain a Grant of Probate (or Letters of Administration where there is no Will) arises when a deceased has particularly valuable assets e.g. a property in their name (or sometimes joint names), substantial savings (usually over around £20,000 – although each bank has their own threshold and requirements) or shares, life policies etc.

It can take expert advice and guidance to decipher exactly what assets there are and whether a Grant of Probate (or Letters of Administration) is needed to in order to process them and administer them to their intended beneficiaries. This can be even more complicated where there is no Will and may require an interpretation of the Intestacy Rules.

If you find yourself in the role of executor of a Will, it is advisable that you take expert advice to find out the next steps and what is required from you legally in this role. Responsibility for carrying out the wishes of the deceased, as well as applying for Probate, reporting estate values to HMRC and managing any monies as Trustee falls onto the shoulders of the executor of the Will and it can feel a little daunting.

Here at Bowcock & Pursaill, we are able to take some of that pressure off your shoulders and assist in obtaining the relevant asset information, applying for the Grant of Probate and reporting figures to HMRC as well as then realising the assets, collecting in estate monies, paying off any debts and ultimately then distributing the estate to the beneficiaries in accordance with the Will.

Our dedicated team of lawyers also have extensive experience in dealing with the administration of estates where the deceased has died without a Will and advising on the Intestacy Rules, obtaining Letters of Administration and then advising on the next steps in order to deal with and distribute the estate accordingly.

We handle each case with sensitivity and understanding and assist our clients through the process of estate administration with compassion and respect for the deceased.

Our team of lawyers also have extensive experience in dealing with estates that have Inheritance Tax liabilities and also those where there may be agricultural property relief or business property relief to be claimed. We are resolved to deal with these matters in a robust manner, dealing with HMRC directly to achieve the best possible outcome.

As a beneficiary to an estate, you may also have queries about whether it may be best to divert your inheritance to your children, or other chosen parties. At Bowcock & Pursaill our team can advise you on the technicalities, advantages and disadvantages of drawing up a Deed of Variation to an estate and assist in creating the Deed of Variation where necessary. A Deed of Variation can be used to make the distribution of an estate (or beneficiaries estate) more tax efficient, enable the last wishes of the deceased to be carried out if they did not have time to amend their Will before their death and preserve assets from being used to pay care fees for vulnerable beneficiaries.

If you have recently lost a loved one, please don’t hesitate to contact our specialist team for advice on the best steps to take next – we will be more than happy to advise and assist at this difficult time.