Probate

The loss of a relative is often a trying and emotional time for the bereaved. The sense of loss can be devastating and the last thing one wants to think about are the legal implications of the death.

However, at some stage, the bereaved will usually wonder what happens to the deceased's assets.

If there is a Will then this must be read as a matter of urgency, initially to see if there are any instructions for the funeral.

If assets include a house, shares or savings of £5000 or more then generally it will be necessary to obtain Probate of the Will, administer the Estate and distribute the assets in accordance with the Will.

If there is no Will then there are strict "Rules of Intestacy" which determine to whom exactly the assets are distributed. Estates do not necessarily go entirely to the surviving spouse. See the frequently asked questions (faq) section of making a will for an explantion of the intestacy rules.

There may be Inheritance Tax implications as a result of the death and Tax advice may well prove useful with a view to mitigating Inheritance Tax. The Will could easily set up Trusts, either by implication or expressly, which may last a lifetime and require specialist advice.

We have helped many people in their time of need and are experienced in the Administration of Estates. Our specialists are based in our Peterborough office, but will be happy to make arrangements to meet you at our Stamford office. We can advise the newly bereaved on what to do next in a sympathetic, but professional manner.