1. WHAT IS PROBATE.
Probate means the issue of the legal document which authorises the executor to carry out the wishes of the deceased in accordance with the terms of the will. It also means that the executor is obliged to undertake actions required at law.

2. WHY DO I NEED A GRANT?
Quite simply most organisations such as building societies, banks etc will not allow the deceased’s assets to be dealt with unless the person wishing to do so can prove that he/she has the appropriate authority, ie the Grant of Probate. If the ownership of land is involved, the Land Registry will definitely require sight of a Grant of Probate before it will register the beneficiary as the new owner.

3. IS A GRANT ALWAYS NEEDED?
On a few occasions it is not needed and the organisation holding the deceased’s asset may agree to waive the requirement for a Grant eg when the amount is small and there are no complications.

If you are dealing with a very small estate it is always worth asking the organisations that hold the assets whether or not they require a Grant. If they do not then everything is far simpler, but often when one or two organisations are happy to deal with the matter without a Grant a third is not. If this happens you must include ALL assets when calculating the value of the estate for the purposes of the application, even those with organisations that say that they do not require a Grant!

4. WHO IS ENTITLED TO A GRANT OF PROBATE?
Quite simply the person or persons who are named in the will as being the executors, but not more than four people in total.

If there is a will but it does not name executors then you should seek legal advice.

5. DO I NEED A SOLICITOR TO OBTAIN A GRANT OF PROBATE?
The answer is a simple 'No'.

You may apply yourself at an appropriate Probate Registry. If you do you will have to go through five separate stages. The stages are as follows:-

(a). Obtain the application forms

(b). Choose where you wish to be interviewed

(c). Complete the application forms.

(d). Submit the properly completed forms to the Probate Registry and pay the appropriate filing fee AND the personal application fee.

(e). Attend at an interview, the purpose of which is to confirm all of the detail and arrange for you to swear an oath that the information is true to the best of your knowledge. In most straightforward cases only one interview is required.

You may consider that our fixed fee service, which means that you do not have to undertake any of the above represents very good value! It is even better value when you realise that if you do not employ a solicitor the Probate Court will charge an extra fee of £1 per £1000 of the estate to cover its extra cost of dealing with a personal application - see question 6 below.

6. HOW MUCH DOES IT COST?
Our fee for the service as described above is £350 plus VAT of £61.25 and the probate Court filing fee of £40.00 making a total cost £451.25.

7. IS INHERITANCE TAX PAYABLE?
No inheritance tax is payable on any element of an estate which passes from the deceased to his/her spouse.

No inheritance tax is payable on any estate whose net value is less than £300,000.

Accordingly, as our scheme operates only in cases where the gross estate does not exceed £300,000 no inheritance tax is payable on any matter that is dealt with under the scheme.

8. WHAT ARE THE RESPONSIBILITIES OF THE EXECUTORS?
Executors are responsible for paying the debts of the person who has died to the extent of the assets in the estate. If they distribute any assets wrongly or fail to pay any debts before distributing, they can be held personally liable to anyone who suffers loss as a result.