Probate - MLP Law

Probate

Probate

Losing a loved one is undoubtedly one of life’s most challenging experiences and dealing with legal matters during this difficult time can be overwhelming.

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    We will guide you through the probate process with empathy and expertise, ensuring that all legal aspects of estate administration are carried out seamlessly be our experienced team, to assist you in concluding your loved one’s estate and to remove the stress and difficulty of administering an estate from you and your family.

    Request a consultation with one of our experienced lawyers to discuss how we can help you administer your loved one’s estate and ensure their wishes are met

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    Our team is experienced in dealing with a full range of estate administrations with particular expertise in Inheritance Tax, agricultural property, business assets, foreign assets and making or defending claims against an estate.

    Our services include:

    Non-Contentious:

    • Obtaining the Grant of Probate/Letters of Administration
    • Inheritance Tax advice
    • Transferring the ownership of and selling estate assets
    • Distributing the estate to beneficiaries including advising you on any Will trusts
    • Varying the estate

    Contentious:

    • Contesting a Will
    • Claims against the estate under the inheritance Provision for Family and Dependents Act 1975
    • Executor/Trustee disputes

    Our Approach

    Choosing our lawyers is an investment in peace of mind during a very difficult time in your life.

    Our team brings a wealth of experience in probate law, ensuring that your loved one’s estate is managed with the
    utmost professionalism and efficiency.

    What sets us apart is our ability to navigate complex family dynamics and sensitive issues. We understand that family relationships can be intricate, and our lawyers excel at fostering amicable resolutions while upholding the integrity of the deceased person’s wishes.

    Testimonial

    MLP Law were asked to deal with my brother’s
    estate as he died intestate and with a few complex
    issues amongst his paperwork. Samantha Kennedy
    and her team went above and beyond to help me
    understand and complete the necessary forms
    along the way. It was an arduous process but
    they made it so much easier. Their friendly and
    professional approach really took the pressure off at
    a very emotional time. Thank you!

    Ms Cox

    FAQs

    1. Can you change distribution of the estate assets?

      Yes, if agreed by the beneficiaries affected by the changes.

      The way in which an estate is distributed after death is usually detailed in a person’s Will or in accordance with the rules of intestacy. A Deed of Variation is a legal document used by beneficiaries to change a deceased person’s Will or intestacy, allowing them to make alterations to any entitlements associated with the estate.

      If prepared within two years from the date of death, the Deed of Variation can be treated as if the deceased had specified the wishes themselves, and can therefore be used to provide a more tax-efficient way to distribute the estate.

    2. What is the timescale for administering an estate?

      The timescale can vary widely depending on factors such as the complexity of the estate, value of the estate, any tax due, and any disputes or challenges that may arise.

      The average timescale is around 8 to 12 months, although in some more complex cases, particularly those with disputes or significant assets, this can take 2 years or more. The timescale can also be impacted if there is property to sell, or complex inheritance, income or capital gains tax to resolve.

      Your legal advisor will provide you with a bespoke time estimate and outline all the stages in the process with you so that you are clear on what to expect.

    3. How long do I have to make an I(PFDA) 1975 Claim?

      The time limit to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 is set out in Section 4 of the Act. This broadly states that a claim may be brought before the issue of a Grant of Probate/Letters of Administration, but that once issued, there is a strict 6 month time limit for a claim to be brought.

      Once 6 months has elapsed after the date of issue of the Grant of Probate/Letters of Administration then a claimant is out of time, unless very exceptional circumstances arise, in which case an application would need to be made to Court for permission to make a claim.

    4. How much does probate cost?

      The cost of probate varies due to the complexity and work involved required to administer the estate.

      We will have an initial chat with you to discuss the estate and the work required, and then provide you with a bespoke fee. We can help you as much or as little as you need, and tailor our costs on that basis.

      Grant of Probate

      If you only require assistance in obtaining the Grant of Probate/Letters of Administration and would then like to deal with the assets/liabilities yourself, we will work on a fixed fee basis and our fees start at £1,500.00 plus VAT.

      Estate Administration

      We will produce a pricing proposal after our initial meeting. This proposal will normally give you 2 or 3 options for our costs. The options given will often comprise one or more of the following, although other options may be offered if appropriate:

      • Hourly rate charges for the work undertaken, plus an additional value element of a small percentage of the estate (usually between 0.5% and 1.5% of the gross estate), if appropriate
      • A fixed fee
      • A fixed percentage of the gross estate.

      To give you an idea of costs, we find that the average costs for estate administration on an hourly rate basis is:

      Value of the estate

      Starting from (plus VAT)

      Up to £325,000.00

      £3,750.00

      Up to £650,000.00

      £5,650.00

      Up to £1.5 million

      £7,950.00

      £1.5 million

      By agreement

    5. What is a Grant of Probate/Letters of Administration

      A Grant of Probate and Letters of Administration are both types of a Grant of Representation, and are obtained by the executors/administrators of a deceased person’s estate to prove their authority to administer the estate. A Grant of Representation enables the executors/administrators to deal with financial assets and property within the estate.

      Grant of Probate

      If the deceased person died leaving a Will, their executors will apply to the Probate Registry for a Grant of Probate. The Grant of Probate provides the legal authority for the executors and confirmation that the Will is valid.

      Letters of Administration

      If the deceased person died intestate without leaving a Will, their next of kin, as per the laws of intestacy, will apply to the Probate Registry for the Letters of Administration. The Letters of Administration appoint an administrator to manage and distribute the estate according to the laws of intestacy.

    Speak to us to see
    how we can help

    0161 926 1535

    Why choose the mlplaw team?

    • Unparalleled Expertise and Experience

    We are vastly experienced, Legal-500 recommended Wills, Trusts, and Probate experts.

    We achieve successful outcomes for our clients and help them to navigate the complexities of Private Client law.

    Our team includes STEP-qualified lawyers, the highest level of qualification for a Wills, Trusts, and Probate practitioner, and all of our lawyers are members of Solicitors for the Elderly.

    • Your family, your service

    Your family is unique, as are the challenges it faces. That’s why our approach is all about crafting bespoke strategies that fit your specific needs.

    Whether your personal and financial circumstances are straightforward or complex, we can plan and implement effective solutions to achieve the best outcome for you.

    • In your corner from start to finish

    You need someone in your corner who knows you and your situation inside and out. As seasoned experts, we stand by your side from the moment you need us to the conclusion and beyond, representing you and supporting you along the way.

    • We don’t like legal jargon

    Communication is key. We use clear, plain English to explain the law and legal processes to you.

    We are transparent about our costs, offering fixed fees and preparing pricing options for you to choose from, so you are never caught off guard.

    • What our clients say…

    Our Wills, Trusts & Probate lawyers have over 50 reviews on Review Solicitors, demonstrating their commitment to providing excellent service. Here are some short testimonials:

    “Excellent, professional and friendly”

    “Extremely knowledgeable and helpful”

    “Supportive, efficient and effective”

    “Communication and approach was first class”


      Request a consultation

      Simply complete the form and a member of our team will be in touch




      Discover Comprehensive Legal Services at mlplaw. Our commitment to ensuring your future’s security goes beyond Probate. Our Wills, Trusts & Probates services include:

      • Making a Will
      • Trust Advice
      • Probate Advice
      • Lasting Power of Attorney
      • Court of Protection
      • Inheritance Tax Planning
      • Elderly Legal Services
      • International Probate

      Count on us for all your estate planning needs. With mlplaw solicitors, you’re in safe hands for a secure tomorrow. Contact us now.

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