Probate and Administration of Estates

What is Probate

Probate or administration of estate is a term commonly used to refer to the manner in which the people responsible for dealing with the deceased's estate carry out their duties.

A Grant (otherwise known as a Grant of Probate or Letters of Administration) is a legal document granted by the Probate Registry, which confirms that the personal representatives have authority to deal with the assets in the deceased's estate. All of the deceased's assets and liabilities have to be ascertained and valued. If the deceased left a valid Will, then the executors appointed are the only people entitled to deal with the estate.

If there is no Will, then the estate will be administered in accordance with the Intestacy Rules and the deceased's spouse or nearest blood relatives, known as administrators, will need to apply for a Grant of Letters of Administration. They will have no access to the deceased's estate until they have obtained the Grant. If the value of the estate is over £5,000 and the deceased left a valid Will, it may be necessary to obtain a Grant of Probate. Where there is no Will then a Grant of Letters of Administration must be obtained. Where the estate is £5,000 or less, it may be dealt with under the Small Estates Procedure.

Do you need a grant to deal with the estate?

A Grant is usually required where the deceased's estate includes:
  • Stocks or shares

  • Some insurance policies

  • Property or land held in their sole name or as tenants in common.

  • Savings and investments

Dealing with the administration of an estate requires skill and experience. The responsibilities and duties of the personal representatives are numerous. They will be personally liable to the beneficiaries if they fail to administer the estate properly

Deed of variation

A Deed of Variation may be used to alter the deceased's Will after death. Any variation must be done within two years of the date of death. The beneficiaries of an estate may vary the provisions of a deceased's Will so that:

  • It's more tax efficient

  • To preserve assets

  • To alter the entitlement to the estate.

The service we provide

We are Probate specialists. Our Private Client department covers a wide variety of work which include the following:
Probate - Administration of the deceased's Estate
  • Ascertaining the assets and liabilities in the estate.
  • Preparation of the inheritance tax papers
  • Arranging payment of the Inheritance Tax
  • Applying for and obtaining the Grant of Probate or Grant of Letters of Administration.
  • Collecting the assets in the estate.
  • Placing of statutory advertisements.
  • Dealing with payment of the debts and distribution of the estate.
  • Dealing with the sale or transfer of the deceased’s property.
Other services we provide
  • Preparing Deeds of Variation to vary the deceased’s Will.
  • Contesting Wills and claims against the deceased’s estates.
  • Elderly client advice including Asset Protection
  • Advising on mental capacity issues including Deputyship applications.
  • Preparing and registering Lasting Powers of Attorneys.
  • Registration of Enduring Powers of Attorney.

Why use our Probate service?

People use Y Bacchus & Co Solicitors probate service because we:
  • Take the stress out of dealing with the probate.

  • Provide a highly competitive fixed fee probate.

  • Provide a professional, personal and friendly service.
  • Provide a comprehensive and specialist probate service.

  • Mitigate inheritance tax and asset preservation through Deeds of Variation.

  • Are authorised and regulated by the Solicitors Regulation Authority.

Fees for Probate

We can help you with as much or as little as you wish.
Probate work can be charged on a fixed fee basis but it depends on how much work needs to be done.
Fees start from £995.00 plus VAT by arrangement for a small estate.
For all other estates, we charge an hourly rate of £195.00 plus VAT unless a fixed fee has been agreed. Disbursements, such as Probate Registry fees, are charged separately.

Fees for Contesting a Will or Making a Claim against the Estate

£220.00 per hour plus VAT and disbursements.