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Administering a deceased person’s estate can be complicated, emotional and stressful. At Ellisons, we can provide you with the assistance you require to get through this difficult time and provide you with the advice you need.
When a loved one has died, their assets will need to be distributed in accordance with their Will, or the Statutory Rules if there is no valid Will. A Grant of Probate or Letters of Administration is a document that is provided by the Probate Registry which enables the Executor or Administrator to administer the Estate.
It is necessary to establish the value of the Estate for Inheritance Tax and Probate purposes before completing the appropriate Inheritance Tax return for HMRC. In more complicated cases or when inheritance tax is due, a form named IHT400 will need to be completed and sent to HMRC before you are able to apply for the grant from the Probate Registry.
The assets will need to be collected in or transferred and the liabilities paid. The Executor will also need to see if any other tax is due i.e. capital gains tax or income tax. The Estate will then need to be distributed to the beneficiaries.
Our team at Ellisons has a wealth of experience and aims to provide the best possible service in a rapidly expanding and competitive market. We have dealt with a variety of estates and can help with any stage of the estate administration including either obtaining the Grant only, completing the inheritance tax forms or we are can take the stress away and deal with the whole process and provide as much support to the Executors as they require.
The Executor/ Administrator is personally responsible for dealing with the deceased's estate and carrying out their wishes in accordance with the Will or the Statutory Law if there is no valid Will. If the administration is not carried out in accordance with the law, personal liability falls to the Executors/ Administrators. Some of the risks are as follows: –
Dealing with HMRC – ensuring all tax is due
Understanding the financial penalties if something goes wrong- Executors will be personally liable for mistakes made or acts they have omitted to undertake to both HMRC and the beneficiaries
Understanding the legal jargon – the Will is likely to contain terminology that you are unfamiliar with
Are there any trusts involved?
Ignorance is not a defence for an Executor or Administrator who gets something wrong. To ensure the whole process is dealt with correctly please contact our Private Client team.
Have a different question?
Get in touchA Grant of Probate is the official legal document issued by the Probate Registry to the executors named in a deceased person's Will, giving them legal authority to collect assets, pay debts, and distribute the estate. In contrast, if an individual dies without leaving a valid Will (intestate), an eligible family member must apply for Letters of Administration to become the administrator of the estate. Both documents serve the same core purpose – validating who has the legal authority to manage and settle the deceased's estate – but the application process and appointment depend strictly on whether a Will exists.
Executors and administrators (collectively known as personal representatives) carry personal financial liability for the accurate administration of an estate. Common pitfalls include incorrectly calculating Inheritance Tax (IHT), failing to submit necessary tax returns to HMRC (such as form IHT400), misinterpreting legal terminology in the Will, or missing valid claims from creditors or disappointed beneficiaries. If mistakes or omissions lead to financial losses or tax penalties, personal representatives can be required to pay these out of their own personal funds.
Our probate specialists provide flexible levels of support, from handling the entire estate administration on your behalf to simply assisting with obtaining the Grant of Probate or Letters of Administration. We gather asset valuations, calculate and report tax liabilities to HMRC, liaise with financial institutions, and handle the distribution of funds to beneficiaries. By managing all formal tax filings and legal duties, our team unburdens families during a difficult time while ensuring personal representatives remain fully protected against legal liabilities.
If you have any enquiries please contact any one of our specialist team who would be pleased to advise you on your options. You can also contact your lawyer individually from ‘Our People’ using the link below.
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