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For some, being the executor of a loved one’s estate is an honour. For others administering their estate while grieving their loss is overwhelming. Not only can this cause more stress and upset, but it can also lead to costly mistakes.

At Rothera Bray, our Probate and Administration solicitors can offer practical support and guidance. We can also take on the responsibility of administering the estate so you can process your loss.

 

What is Probate?

Probate is the legal process of administering a deceased person’s estate. This involves:

  • Identifying and valuing the deceased person’s assets and liabilities
  • Paying off any debts and taxes owed by the estate
  • Distributing the remaining assets to the beneficiaries named in the will
  • If the deceased didn’t write a will, distributing those assets according to the rules of intestacy
  • Carrying out the deceased person’s wishes as far as possible

 

Do I Need a Solicitor to Apply For Probate?

You do not legally need a wills and probate solicitor to apply for probate. In fact, many people deal with probate and the administration of estates on their own.

However, the process is often complex, time consuming and labour intensive. It can involve lots of complicated legal jargon, tax calculations and paperwork.

As an executor or administrator, you are legally responsible for administering an estate. As such, you will be liable for any mistakes or oversights.

 

When It is Best to Hire a Probate Solicitor

Dealing with probate is often complicated and hard work. Especially if things do not go according to plan.

You may need a probate solicitor if:

  • You do not have the time or expertise to deal with it yourself
  • The will features foreign properties or assets
  • Where income or capital gains need reporting
  • The will features trusts
  • If there is no will
  • There is disagreement among the beneficiaries or potential beneficiaries
  • There are legal challenges to the will or the distribution of the estate
  • The estate is insolvent
  • The estate is subject to inheritance tax

We can help make the process as straightforward and stress-free as possible.

 

Why Choose Rothera Bray Probate and Estate Administration Solicitors?

At Rothera Bray, we can provide as much or as little help as you need. We offer a range of services to help you through the process. These include:

  • Advising you on your legal rights and responsibilities as an executor or beneficiary
  • Assisting with the valuation and distribution of assets
  • Preparing and submitting the necessary paperwork to the probate registry
  • Dealing with any legal challenges to the will or the distribution of the estate
  • Liaising with HM Revenue and Customs to make sure you meet all tax obligations
  • Managing any disputes that arise between beneficiaries or potential beneficiaries

Our estate solicitors have vast experience in supporting executors and estate administrators.  We understand how difficult it can be to administer an estate. Especially when you are grieving the loss of a loved one.

We can offer a high level of expertise when you need it and take some of the responsibility away from you.

Contact our Wills and Probate Team

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Kirsten Wood

“We’re upfront about costs – so there’s no hidden surprises”

Kirsten Wood
Head of Wills and Probate

FAQs

Do You Always Need to Apply For Probate?

There are circumstances when you do not need to apply for probate; These are;

  • When an estate is joint owned by a spouse or civil partner as the estate will pass onto the surviving partner
  • If the value of the estate is less than £5,000
  • If banks or building societies agree to release funds without a Grant of Probate

If you are not sure if you need to apply for probate or not, we can help.

How Long Does Probate Take?

Probate takes a minimum of 6 months. However, on average, probate process takes around a year to complete. This is from the date of death to the distribution of the estate.

Once the Grant of Probate has been issued, it usually takes around six weeks to distribute the estate.

Do I Have to Wait 6 Months From the Grant of Probate to Distribute the Estate?

You do not have to wait.

However, under the Inheritance (Provision for Family and Dependants) Act 1975, claimants have 6 months to start a claim against the estate.

If someone tries to make a claim against an estate that has already been distributed, it could cause huge legal problems.

As a result, it is advisable to distribute the estate 6 months after the Grant of Probate has been issued. This does mean that the estate might be distributed for well over a year.

What If An Estates Debts Are More That its Assets?

If the debts of an estate are more than the assets, the estate is insolvent. In this case, you must pay the debts in order of priority.

  1. Secured debts – these are debts that are secured against a property. If the estate does not have enough money to pay all debts, it must be shared between creditors in proportion to what is owed.
  2. Funeral expenses – These must be reasonable, considering the total amount of debt.
  3. Probate costs – These are the costs incurred when executing the will and administering the estate. These include reasonable legal fees.
  4. Preferential debts – If the deceased employed someone, their wages are a preferential debt.
  5. Interest – on unsecured loans and credit cards.
  6. Deferred debts – including debts to family and friends.
What Happens if Someone Dies Without Making a Will?

In the UK, more than 1 in 5 people die without making a will.

When someone dies without a will, their next of kin usually administer their state according to the rules of intestacy.

When there are not any relatives to administer the estate, the HM Treasury take over and any assets go to the Crown. This means the money goes to paying off the national debt or to charity.

Administering the estate of someone who has died without a will can be extremely complicated.

Our specialist estate administration solicitors can help.

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Rothera Sharp Solicitors’ ‘skilled’ team handles personal injury claims including public liability, accidents at work and road traffic accidents often involving – among others – children and foreign nationals. Recent work included settling a claim for a pedestrian involved in a road traffic accident, acting for a child claimant following a hand injury sustained at a playground and representing a claimant in a public liability claim pertaining to fractures sustained on a slippery floor. Elisabeth Halls combines ‘good judgement with the right amount of scepticism and has a proven ability to optimise outcomes for claimants.

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My previous dealings with Rothera Bray have always been excellent-total efficiency and professional. Jayne Smith previously and now Emily Weston. I would always use Rothera Bray as my solicitors. Thank you.

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Posted 12/08/2020

I would highly recommend James Briggs, solicitor at Rothera Bray. He has been extremely helpful, patient and thorough whilst helping me with affairs following the death of my husband. Even during lockdown (covid) he maintained communication and kept me informed of what was happening. He successfully achieved the outcome I needed and I would not hesitate to recommend him.

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Posted 30/09/2020

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My experience with Rothera Bray was an easy and smooth process, regarding a settlement agreement with a previous employer. They helped me understand all the legal jargon and details and made it very clear what the agreement was asking of me and what they would provide in return without it seeming complicated. They were prompt and resolved any issues or queries I had and I found them to be friendly and professional. I would definitely recommend Rothera Bray to anyone seeking legal advice, even if you've had no experience with a solicitor before, as they're very welcoming and help you to understand everything.

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Thank you for all your hard work, which paid off in the end. As well, thank you for your amazing service and support you provided for me all the way through. It was pleasure to work with you and I wish you all the best.

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I recently had the good fortune to engage Rothera Bray for a company sale. From start to finish, Sandeesh Samra and the team were on hand to give practical and professional advice.

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Contact our Wills and Probate Team
Wills, Probate & Trusts Team
Christina Yardley CEO

Christina Yardley

c.yardley@rotherabray.co.uk

Christina‘s expertise covers a full range of private client services including Wills, Probate, Trusts, Care Fees Planning, Power of Attorney, Court of Protection, Tax Planning and Conveyancing.

Jeremy Allen

Jeremy Allen

j.allen@rotherabray.co.uk

Jeremy Allen is a Wills, Probate and Trusts specialist at Nottingham based law firm Rothera Bray Solicitors and is based at our Lace Market offices in the heart of Nottingham City Centre.

Russell Dalby

r.dalby@rotherabray.co.uk

Russell is a Partner based at our Market Harborough office and specialises in all areas of Private Client work. He predominantly deals with probate administration and estate planning work – such as advising on Wills, Lasting Powers of Attorney and Inheritance Tax planning.

Karen Hayward

Karen Hayward

k.hayward@rotherabray.co.uk

Karen Hayward is a partner and Chartered Legal Executive at Nottingham-based law firm Rothera Bray Solicitors, with over 20 years’ experience in Wills, Probate, Lasting Powers of Attorney and Court of Protection applications. Karen is based at our Beeston office.

Nelissa Hicks

Nelissa Hicks

n.hicks@rotherabray.co.uk

Nelissa is Partner at Rothera Bray with a demonstrated history of working in the legal services industry. Nelissa has over 20 years’ experience as a Wills, Probate, Tax and Trusts solicitor and is based at our Mapperley office. She is skilled in Inheritance Tax Planning and the Administration of Trusts and Estates.

Andrew Hitchon

a.hitchon@rotherabray.co.uk

Andrew has specialised in the private client sector for over 10 years. He is also a fully qualified TEP practitioner and deals with a wide range of legal expertise including Trusts and Tax Planning.

Kirsten Wood

Kirsten Wood

k.wood@rotherabray.co.uk

Kirsten Wood leads the firm’s Wills and Probate department and is a partner with over 18 years’ experience specialising in will drafting, tax, trusts, estate administration and lasting powers of attorney.

James Briggs

James Briggs

j.briggs@rotherabray.co.uk

James Briggs is a senior associate and private client solicitor at our Lace Market office.

Amelia Carruthers

a.carruthers@rotherabray.co.uk

Amelia Carruthers is a Senior Associate at Rothera Bray’s Derby office and is experienced in drafting wills, lasting powers of attorney, administering estates and providing tax advice and planning.

Ann Farnill

Ann Farnill

a.farnill@rotherabray.co.uk

Ann Farnill is a Senior Associate in Rothera Bray‘s Wills, Probate and Trusts department and is based at our Lace Market office in the heart of Nottingham City Centre. She specialises in Wills, Inheritance Tax planning, Powers of Attorney including acting for lay attorneys, Estate planning and administration and Court of Protection.

Carly Harwood

c.harwood@rotherabray.co.uk

Carly Harwood is a Senior Associate Solicitor in Rothera Bray’s Wills and Probate department and is based at our Derby office.

Melissa Merry

Melissa Merry

m.merry@rotherabray.co.uk

Melissa Merry is a Consultant in our Wills and Probate department, with over 30 years of experience in private client work. Melissa is based at our Lace Market office in Nottingham City Centre.

Sarah Soo

Sarah Soo

s.soo@rotherabray.co.uk

Sarah Soo is a Wills and Probate specialist at Nottingham-based law firm Rothera Bray Solicitors and has specialised in private client work since she began her career. Sarah is currently based in our Beeston office.

Ruth Tarr

Ruth Tarr

r.tarr@rotherabray.co.uk

Ruth is a Senior Associate in Rothera Bray’s Wills and Probate team, and specialises in Court of Protection matters. She is based at our Lace Market office in the heart of Nottingham city centre.

Amy Goodwin

a.goodwin@rotherabray.co.uk

Amy Goodwin is an Associate in Rothera Bray’s Wills and Probate team and is based at our Derby office.

Eleanor Robinson

Eleanor Robinson

e.robinson@rotherabray.co.uk

Eleanor Robinson is a Wills, Probate and Trusts specialist at Nottingham-based law firm Rothera Bray Solicitors and is based at our West Bridgford office.

Adam is a Private Client solicitor at Rothera Bray, based in Market Harborough.

Adam Ali

a.ali@rotherabray.co.uk

Adam is a Private Client solicitor who is based at our Market Harborough office.

Aleksandra Cebula

Aleksandra Cebula

a.cebula@rotherabray.co.uk

Aleksandra Cebula is a Solicitor in Rothera Bray’s Wills, Probate and Trusts department and is based at our Beeston office.

Faith Hill

f.hill@rotherabray.co.uk

Faith Hill is a Solicitor in Rothera Bray’s Wills and Probate department and is based at our Derby office.

Charlotte Jenkins

c.jenkins@rotherabray.co.uk

Charlotte is a Solicitor in the Private Client Department based at the Market Harborough office. She advises clients on a range of private client services including Wills, Trusts, Probate and Lasting Powers of Attorney.

Jasmin Marshall

j.marshall@rotherabray.co.uk

Jasmin Marshall is a Solicitor in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

Alison Richardson

Alison Richardson

a.richardson@rotherabray.co.uk

Alison Richardson is a member of the wills, trust & probate team based at our Mapperley office.

Rebekah Royles

r.royles@rotherabray.co.uk

Rebekah Royles is a Legal Executive in Rothera Bray’s Wills and Probate department and is based at our Lace Market office.

Sarah Singh, a Wills and Probate solicitor, is based at our West Bridgford office.

Sarah Singh

s.singh@rotherabray.co.uk

Sarah Singh is a solicitor within Rothera Bray’s Wills and Probate Department and is based at the firm’s West Bridgford office.

Libby Birt

Libby Birt

l.birt@rotherabray.co.uk

Libby Birt is a Private Client Executive in Rothera Bray’s Wills and Probate department and is based at our Derby office.

Lacey Glover

l.glover@rotherabray.co.uk

Lacey Glover is a Private Client Executive in Rothera Bray’s Wills and Probate department and is based at our Lace Market office in Nottingham city centre.

Sallie Poultney

s.poultney@rotherabray.co.uk

Sallie is a Private Client Executive in the Private Client Department at our Market Harborough office. She advises clients on a range of private client services including Wills, Probate and Lasting Powers of Attorney.

Amanda White

a.white@rotherabray.co.uk

Amanda is a Private Client Executive in the Private Client Department at our Leicester office. She advises clients on a range of private client services and has been handling her own caseload since 2014.

Talita Fantauzzi

Talita Fantauzzi

t.fantauzzi@rotherabray.co.uk

Talita Fantauzzi is a Trainee Solicitor in Rothera Bray’s Wills and Probate department and is based at our West Bridgford office.

Anjnee Gorecha

a.gorecha@rotherabray.co.uk

Anjnee Gorecha is a Trainee Solicitor in Rothera Bray’s Wills and Probate department and is based at our Lace Market office.

Lyndsey Hudson

Lyndsey Hudson

l.hudson@rotherabray.co.uk

Lyndsey is a Trainee Solicitor in Rothera Bray’s Private Client department and assists with Court of Protection matters. She is currently based at our Lace Market office.

Eugene Pratashchyk

e.pratashchyk@rotherabray.co.uk

Eugene is a Trainee Solicitor currently working in our Wills and Probate department, having previously completed a double seat with the Corporate team and Commercial Property and a seat in our Personal Injury department.

Jack Cooper

j.cooper@rotherabray.co.uk

Jack Cooper is a Senior Paralegal in Rothera Bray’s Wills and Probate department and is based at our West Bridgford office.

Anna Guy

Anna Guy

a.guy@rotherabray.co.uk

Anna Guy has over 10 years’ experience of working in law firms, and 7 years’ experience of dealing with Wills and Probate matters.

Clara Montgomery

c.montgomery@rotherabray.co.uk

Clara is a Senior Paralegal in our Private Client department. She is based at our Market Harborough office.

Hollie Moore

Hollie Moore

h.moore@rotherabray.co.uk

Hollie Moore is a Senior Paralegal in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

Lisa Warren

Lisa Warren

l.warren@rotherabray.co.uk

Lisa Warren is a Senior Paralegal in Rothera Bray’s Wills and Probate team and is based at our Derby office.

Brett James

Brett James

b.james@rotherabray.co.uk

Brett James is a Wills and Probate Paralegal at Rothera Bray Solicitors and is based at our Lace Market office.

Michelle Kingston

Michelle Kingston

m.kingston@rotherabray.co.uk

Michelle Kingston is a Paralegal in Rothera Bray’s Wills and Probate department and is based at our Lace Market office.

Louise Mathison

l.mathison@rotherabray.co.uk

Louise Mathison is a Paralegal in Rothera Bray’s Wills and Probate department and is based at our Lace Market office.

Jordan McBallantine

Jordan McBallantine

j.mcballantine@rotherabray.co.uk

Jordan McBallantine is a paralegal in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

Janet Prentice

Janet Prentice

j.prentice@rotherabray.co.uk

Janet Prentice is a Paralegal in Rothera Bray’s Wills, Probate and Trusts department and is based at our Lace Market office in the heart of Nottingham city centre.

Sue Radford

Sue Radford

s.radford@rotherabray.co.uk

Sue Radford is a Paralegal in Rothera Bray’s Wills and Probate department and is based at the firm’s Beeston Office.

Gill Subbarao

g.subbarao@rotherabray.co.uk

Gill Subbarao is a Paralegal in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

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