Probate Solicitors Cheshire & Runcorn

Probate is the legal process of proving the validity of a will to a court, and ensuring its terms can be legally carried out. Following this, the executor will be granted the authority to carry out the instructions within the will, including the management and distribution of assets and property.

If a will is not present or legally valid, an executor must still be named to administer the estate. This is often done through the grant of Letters of Administration.

When someone dies any money, property, or possessions owned by the deceased form part of their estate. The personal representative, who is a named executor (or the next of kin of someone who has not left a will) is in charge of managing and distributing the estate to any beneficiaries.

Before this can be done, the courts have to verify that the will is valid and confirm who has the authority to administer the estate.

The executor of a will is legally responsible for carrying out the instructions set out in the will after the person has died.

There are various administrative tasks involved which can be quite complex, putting you under more stress at what will already be a distressing time.

Duties of an executor or personal representative include:

Registering the death
Arranging the funeral
Notifying the relevant authorities of the deceased’s passing
Obtaining valuations for assets including property, possessions, and investments.
Preparing financial documents and any necessary information to send to HMRC and the Probate Registry.
Submitting an inheritance tax return
Paying bills and settling any debts
Setting up and dealing with any trusts
Collecting assets and money due to the deceased person’s estate and deciding when to sell the property.
Distributing the remainder of the estate to the beneficiaries according to the will
Keeping estate accounts
Our specialist probate solicitors can help to take care of the administrative tasks in a professional yet sensitive manner to make the process as straightforward as possible.

Whether or not a grant of probate is necessary depends on the requirements of the financial institutions where the assets are held.

Most financial institutions require probate on assets valued over £5,000 but that can increase up to £50,000 for some institutions. A probate solicitor can help you find out when you need to obtain a Grant of Probate.

No, there is no legal time limit to start the probate process after someone’s death.

However, we recommend obtaining the grant as soon as possible, so asset distribution can be completed timely. Avoiding delays will also make it easier to collect documentation, deal with taxes, and handle the executor’s responsibilities. Acting promptly on the probate process benefits both executors and beneficiaries.

It is important to notice that Inheritance Tax must be paid within 6 months from the end of the month in which the death occurred.

In the UK once the application is submitted to the court, if done correctly, you can expect the court to accept the Grant of Probate in 12- 16 weeks, however longer processing periods are not uncommon lately.

It can take longer if they need you to supply additional information, which is why it’s important to get the application right the first time.

If there are any delays your probate solicitor can keep you updated and informed with any issues.

Yes, if a dispute arises around the terms of the will, or the estate administration process, you can apply to the probate registry for a caveat. This will effectively pause the probate process, preventing a Grant of Probate or Letters of Administration to be granted to executors, and no assets from the estate will be distributed until the dispute is settled.

If you have reasons to contest the will, you must do so within six months from the Grant of Probate issue. The team at Rowlinsons Solicitors can help you present a strong case for any will dispute, and settle any issues with executors or beneficiaries.

When someone passes away without leaving a will it is said they died ‘intestate.’ This means the administering of their assets and belongings passes under the rules of intestacy.

The responsibility for administering the estate will fall to the next of kin or closest living family member. The process of dealing with the estate is slightly different and the closest living relative will have to apply for a Grant of Letters of Administration to take control of the deceased’s assets.

Yes, you will be able to pay for the funeral using funds from the deceased’s accounts.

Once the banks are notified of a death, they will sometimes freeze the bank accounts of the deceased. This is done to ensure proper procedure is followed regarding the distribution of funds and assets throughout the probate process.

If the costs of the funeral must be covered from the funds of the deceased, the law allows banks to release money directly to the funeral directors once they receive an invoice.

Before an estate can be administered, it is often necessary to obtain a Grant of Representation.

If there is a valid Will, this will usually be a Grant of Probate. If there is no Will, the appropriate application is for Letters of Administration.

We prepare and submit probate applications to the Probate Registry, ensure the correct inheritance tax forms are completed, and deal with HM Revenue & Customs where required. Accuracy at this stage is essential to avoid delay or liability for personal representatives.

Many clients ask us to manage the entire estate administration process on their behalf.

This includes identifying and valuing assets and liabilities, placing statutory notices to protect executors, settling debts, calculating and paying inheritance tax, collecting in assets, preparing estate accounts, and distributing funds to beneficiaries.

Our role is to ensure the estate is administered correctly, efficiently and in accordance with the Will or the intestacy rules. We keep executors informed at every stage and provide clarity on timescales and costs from the outset.

Inheritance tax can be complex, particularly where property, business interests or lifetime gifts are involved.

We advise on inheritance tax liabilities, reliefs and exemptions, including the residence nil rate band and transferable allowances between spouses. Our solicitors prepare and submit the relevant HMRC forms and liaise directly with HMRC to resolve queries.

Where appropriate, we also advise on post death tax planning opportunities to ensure beneficiaries receive their entitlement in a tax efficient manner.

Acting as an executor carries legal responsibility. Even straightforward estates can involve detailed administrative and financial obligations.

We provide tailored advice to executors who wish to retain control of the estate but require professional guidance on specific issues, such as tax returns, asset distribution, or dealing with disputes.

This flexible approach allows executors to obtain reassurance and technical support without handing over full conduct of the estate.

In some cases, it is appropriate for a solicitor to act as professional executor or administrator.

This may be where the estate is complex, there is family conflict, or the named executors prefer not to act.

As experienced private client solicitors, we can take on the full legal and administrative responsibility, ensuring the estate is managed impartially and in accordance with the law. Our Lexcel accredited systems and established processes ensure estates are handled with care, precision and accountability.

If someone dies without leaving a valid Will, their estate is distributed under the intestacy rules.

We advise families on who is entitled to inherit, assist with Letters of Administration applications, and ensure the estate is administered correctly under the statutory framework.

Understanding entitlement at an early stage avoids confusion and potential disputes later in the process.

In certain circumstances, beneficiaries may wish to redirect their inheritance after death for tax or family reasons.

We advise on preparing Deeds of Variation, ensuring they meet the statutory requirements and are effective for inheritance tax and capital gains tax purposes.

This can be a valuable tool in family and tax planning when handled correctly and within the required two year timeframe.

While many estates are administered smoothly, disputes can arise over the validity of a Will, the actions of executors, or claims under the Inheritance, Provision for Family and Dependants Act 1975.

Our team can advise on the options available, whether that involves negotiation, mediation advice, or formal legal proceedings. Early legal advice often helps to protect your position and preserve estate assets.

Some Wills create trusts, including life interest trusts or discretionary trusts.

We advise trustees on their duties, assist with trust registration and tax compliance, and ensure the trust is administered in line with the terms of the Will and current legislation.

Where a property forms part of an estate, it may need to be sold or transferred to beneficiaries.

Our award winning Residential Property team works closely with our Probate Solicitors to provide a seamless service, ensuring title issues are resolved and transactions proceed efficiently.

This integrated approach reduces delays and provides continuity throughout the estate administration process.