020 7485 0888 advice@comptons.co.uk

Probate

Comptons is founded on family values. We understand that there is no easy way to deal with death. When a family member or loved one dies it is an emotionally difficult and stressful time. This is without considering the volumes of paperwork required and addressing the legal and tax requirements.

Probate is the name given to the official process of proving the Will of someone who has passed away. By obtaining probate, it allows the executors to deal with and distribute the estate to the correct beneficiaries. A probate lawyer will help you when it comes to obtaining probate (or letter of administration) and all the legal necessities that come with it, including executors’ responsibilities.

What is Probate and why do I need a lawyer?

Probate is the name given to the official process of proving the Will of someone who has passed away. By obtaining probate, it allows the executors to deal with and distribute the estate to the correct beneficiaries. A probate lawyer will help you when it comes to obtaining probate (or letter of administration) and all the legal necessities that come with it, including executors’ responsibilities.

What do we do?

Legal Matters
  • Prepare the necessary documentation for the Grant of Probate application
  • Carry out checks to ensure the validity of any Will in existence
  • When there is no valid Will, applying the Rules of Intestacy to the Estate of the deceased to identify the Personal Representatives and Beneficiaries and to establish the entitlement of the Beneficiaries
  • Apply to the Probate Registry and obtaining the Grant of Probate
  • Ensuring the accurate distribution of the Estate
Tax Issues
  • Completing the following tax forms for HMRC:
  • The Income Tax return from 6th April to the date of death.
  • The appropriate Inheritance Tax form, either an IHT 205 or IHT 400.
  • The Capital Gains Tax return, if required.
  • Conducting all correspondence with HMRC relevant to completing the above tax forms.
  • Taking any corrective action required by HMRC during the Estate administration process.
  • Claiming any relevant tax reliefs or exemptions applicable to the Estate.
  • Calculating any Inheritance Tax, Income Tax and Capital Gains Tax that is owed.
  • Ensuring payment of any outstanding tax from the Estate.
  • Calculating and arranging for the transfer of any Nil Rate Band or Residence Nil Rate Band allowance if available, in order to reduce Inheritance Tax.
Estate Administration
  • Identifying and corresponding with the Personal Representatives and beneficiaries of the Estate throughout the Estate administration process.
  • Identifying and corresponding with all financial institutions and organisations relevant to the Estate throughout the Estate administration process.
  • Identifying, verifying and valuing all assets based in England and Wales.
  • Gathering all the assets of the Estate.
  • Transferring all jointly held assets into sole name, including property held as joint tenants.
  • Paying any debts and liabilities from the Estate.
  • Preparing the Estate Accounts.
  • Distributing the Estate to the Beneficiaries and Trustees of any Trusts created by the Will or Rules of Intestacy
  • If so instructed to work with our Residential Property Team to deal with the sale of any residential Real Estate.

Key Contacts

Lanka Bandara

Lanka Bandara

Associate Partner

 
Tel: +44 (0) 20 7482 9526

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Get in Touch

  • advice@comptons.co.uk
  • DX: 57057 Camden Town
  • Tel: +44 (0) 20 7485 0888
  • Fax: +44 (0) 20 7485 1145
  • 90-92 Parkway
    London NW1 7AN

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