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Moseley Chapman & Skemp solicitors Sutton Coldfield

Probate Services
Sutton Coldfield

Dealing with the loss of a loved one can be difficult, let us ease the burden of dealing with their estate.

Administration of the Estate

It is a sad and stressful time when someone you love dies. We are here to help you and want to make this time as stress free as possible whilst you are mourning your loved one.

You will have our complete support at every stage of the process to ensure that you are complying with your legal duties and responsibilities.

We can deal with all necessary matters such as valuing the estate, completing the inheritance account and preparing your application for the grant of representation. We can collect in the assets and settle any debts before distributing to beneficiaries.

If there is no will we can give advice on how the intestacy rules work and who will inherit from the estate. We can also trace missing beneficiaries.

Specialist Team

Our specialist team has over 25 years experience in delivering high-quality work in respect of all matters relating to Administration of Estates, Trusts and Inheritance Tax.

The firm is an accredited member of the highly regarded Law Society Wills and Inheritance Quality Scheme which requires annual training and assessment for the team.

We are proud to have achieved the high standards of practice and integrity required to become accredited. The team is keen to support all members of the community and some are Dementia Friends to enable us to offer additional support where required.

The team has particular expertise in high-value complex estates and inheritance tax matters.

Appointments and Home Visits

We can see you in the office or can offer a home appointment within the West Midlands area.

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Contested Probate

If you want to dispute a Will or the distribution of an Estate under The Inheritance (Provision for Family and Dependants) Act 1975 or due to concerns as to the testators capacity or undue influence at the time the Will was made, then please contact us to discuss your case.

We will advise you on the merits of any application you have and guide you through the legal process. We offer an initial fixed fee appointment to assess your claim.

Some common concerns surrounding probate are:

  1. Contesting the Will of a loved one
  2. If you are involved in a dispute over how a Will should be put into place
  3. If your loved one has passed away without leaving behind a Will
  4. If you are an Executor of a Will

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Probate Services FAQs

Probate is the legal right to deal with property, money and possessions (called their ‘estate’) of a person who has died.

Probate is the process of proving that a will is valid (if one exists) and confirming who has the authority to administer the estate of the person who has died.

If the person who has died left a Will, it will name someone that they have appointed to administer their estate. This person is known as the executor of the Will. Before the executor named in the Will can collect in, sell, transfer or distribute the estate they might have to apply for a grant of probate.

You do not always need probate. If the size of the estate is small, i.e. there is no property and less than £5,000 in the bank, probate might not be required.

If you are dealing with anything other than a very small or simple estate, it’s likely that you will need to apply for probate. This is especially likely to be the case if the person who has died was single, or if their spouse or civil partner died before them.

You will definitely need to apply for probate if you need to sell property on behalf of the estate or where the banks/organisations the person who died held accounts with inform you that they will need to see the grant of probate before releasing funds.

The person who has to carry out the steps in the probate process is the executor.

Usually, the deceased will have named this person in their Will, and they can choose up to four people to share the responsibility.

Incidentally, this is why it’s always important to choose an executor (and to make a Will in the first place), because the next of kin won’t necessarily the best person to take on this responsibility.

There is normally no Inheritance Tax to pay if the value of the estate is below the £325,000 threshold, if the person who has died leaves everything above the £325,000 threshold to their spouse, civil partner, a charity.

The probate process takes around a year on average, from the date of the person’s death to the estate being distributed.

It may take less time, but even simple estates usually take a minimum of six months to complete probate.

You are free to apply for a grant of probate on your own or to engage a solicitor to handle the application for you.

For simple estates where you feel you can manage the winding-up process yourself, you might feel confident about applying without specialist help. However, in many other cases you may want extra support as the process involves a considerable amount of paperwork, so you will need to be comfortable dealing with legal, tax and other administrative work.

If you are responsible for administering a more complicated estate, it often makes sense to work with an experienced probate solicitor. This includes high value estates, estates including foreign property or assets, estates that involve trusts, or estates where there is uncertainty regarding the Will.

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