Probate

Probate is the legal process of dealing with your estate after you pass away. Until the Executors obtain a grant of Probate, they cannot distribute the estate to the beneficiaries according to the Will. It can sometimes be a long and stressful process for your loved ones, taking from a few weeks to over a year to complete.

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Probate

Probate is the legal process that deals with a person’s estate after they have died. It involves confirming who has the authority to act, identifying and valuing the estate, settling debts and taxes, and ultimately distributing assets in accordance with the Will or the rules of intestacy where there is no Will.

In England and Wales, probate is often required before assets such as property, investments, or bank accounts can be sold or transferred. The process can be time-consuming and, for many families, daunting, particularly at a time of bereavement.

 

What probate involves

Although every estate is different, probate commonly includes:

  • Establishing whether a valid Will exists and who is entitled to act as executor or administrator

  • Applying for the Grant of Probate or Letters of Administration

  • Gathering information about assets and liabilities

  • Dealing with inheritance tax reporting and payments where required

  • Settling outstanding debts and expenses

  • Distributing the estate to beneficiaries

Mistakes or delays can lead to unnecessary stress, additional costs, or personal liability for those dealing with the estate.

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Our role at Clarke & Wright

Clarke & Wright is an estate planning firm. Our focus is on helping clients plan ahead through Wills, trusts, lasting powers of attorney, and inheritance tax planning. We do not provide probate services.

That said, effective estate planning and probate are closely linked. Good planning during lifetime can significantly simplify the probate process later and reduce the risk of disputes or avoidable tax.

Inheritance tax advice and support

Where inheritance tax is a concern, our associated firm, Mercian Accountants, can assist with inheritance tax advice and related tax matters. This includes support with understanding inheritance tax exposure, available reliefs, and the interaction between estate planning decisions and the tax position on death.

Working with probate professionals

We work closely with a network of solicitors and other professional advisers who do offer probate services. Where appropriate, we can liaise with these professionals to ensure that probate, tax advice, and estate planning considerations are aligned.

Our aim is to ensure that clients and their families receive joined‑up, professional support, with the right work being carried out by the right specialists.

Planning ahead

Many of the difficulties encountered during probate arise because adequate planning was not put in place during lifetime. By taking advice early, it is often possible to reduce delays, minimise tax, and make the administration of an estate far more straightforward for those left behind.

If you would like to discuss estate planning or inheritance tax planning, please contact Clarke & Wright. We will be happy to explain how we work and, where needed, how we can coordinate with accountants and solicitors to support you and your family. Get in touch and speak to one of our friendly advisers today.