Probate Solicitors

Our probate solicitors are here to help you deal with the administration of a loved one’s estate. Whether you need some straightforward advice, or more detailed assistance, our solicitors are experts in this field.

We understand that being responsible for administering someone’s estate correctly can feel stressful or emotional. There are various aspects to think about, including paying debts and taxes and distributing their assets according to their wishes.

We can also advise you if someone has died without leaving a will – this is called intestacy.

Please read on or get in touch to find out more about how our probate solicitors can help you and make the probate process as smooth and stress-free as possible.

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Our Probate Solicitors' Areas Of Expertise

Our probate solicitors are here to provide advice and support throughout the process. Their services typically include the following, but please get in touch for advice regarding your specific situation.

Estate administration
Estate administration
‘Probate’ is the term used to describe the legal process of dealing with someone’s estate after their death. If they died with a will, naming an executor, this person becomes responsible for this process.
The first step is making an application for a Grant of Probate with the Probate Registry. This will enable the executors to distribute the estate in accordance with the will. They’re also responsible for other tasks, like paying off debts from the estate, arranging the payment of Inheritance Tax (IHT) if applicable, and preparing the estate accounts.
This can be a complex process, and it’s often emotional too, especially if you’re an executor who was close to the deceased person. You may find it useful to work with a solicitor to advise you on what to do when dealing with someone’s estate. At Setfords, our expert probate solicitors can help you through the entire process, including:
- Sorting through the deceased’s papers and contacting the various creditors and debtors of the deceased.
- Obtaining valuations for the various assets of the estate.
- Preparing the IHT accounts — this needs to be done before an application for probate can be submitted.
- Paying any inheritance tax due.
- Paying creditors.
- Drafting the oath for executors or administrators.
- Collecting the assets of the deceased once probate has been obtained.
- Distributing the estate in accordance with the will or intestacy rules.
- Preparing the estate accounts.
- Managing trusts.
Intestacy
Intestacy
If someone dies without a valid will, they have died ‘intestate.’ This means that an application must be made for a Grant of Letters of Administration, allowing someone to deal with the estate. Only certain people can apply, usually the deceased person’s next of kin.
The rules of intestacy dictate who can inherit from the estate when there is no will. These laws prioritise spouses and children, or more distant relatives if there are none.
For advice on the rules of intestacy and what to do if a loved one dies without a will, please get in touch with our probate solicitors.
Click here for more information about the rules of intestacy and other wills and probate FAQs.
Inheritance Tax
Inheritance Tax
Inheritance tax (IHT) is currently paid at 40% on all of a person’s assets over the value of £325,000. If the estate is worth less than £325,000, no inheritance tax has to be paid.
There are several ways that you may be able to minimise an estate’s liability for IHT. If you believe that your estate may be worth more than the threshold, you should speak to an expert solicitor who can advise you on estate planning. Please get in touch to find out more.
Trusts
Trusts
A trust is a legal arrangement under which appointed trustees hold assets for the benefit of the beneficiaries. They are most commonly used to minimise the inheritance tax liability of an estate and to preserve capital for the next generation or other chosen beneficiaries.
For advice on trusts, including how you may be able to use them in your estate, or how to deal with them as a trustee, please contact our expert probate solicitors today.
Contentious probate
Contentious probate
Contentious probate refers to any dispute that arises during the administration of an estate. This may include challenging the validity of a will, disputes between beneficiaries, allegations of mismanagement of the estate or breach of fiduciary duty from the executor, or claims from those who feel they have been unfairly excluded from the will.
Our probate solicitors can provide legal advice to those who are involved in a contentious probate dispute, whether you are an executor or making a claim. We will discuss your options and provide the support and guidance you need to resolve the dispute.
Complex, high-value, and foreign estates
Complex, high-value, and foreign estates
If the deceased person had a complex or high-value estate, it is strongly recommended to work with a solicitor to help you manage the probate and estate administration process in the most effective way possible. This also applies if the deceased person owned assets abroad, which can have different legal and tax implications
Our probate solicitors are experts in helping clients manage complex estates, including those with foreign assets. Please get in touch for more information based on your specific circumstances.

Estate administration

‘Probate’ is the term used to describe the legal process of dealing with someone’s estate after their death. If they died with a will, naming an executor, this person becomes responsible for this process.

The first step is making an application for a Grant of Probate with the Probate Registry. This will enable the executors to distribute the estate in accordance with the will. They’re also responsible for other tasks, like paying off debts from the estate, arranging the payment of Inheritance Tax (IHT) if applicable, and preparing the estate accounts.

This can be a complex process, and it’s often emotional too, especially if you’re an executor who was close to the deceased person. You may find it useful to work with a solicitor to advise you on what to do when dealing with someone’s estate. At Setfords, our expert probate solicitors can help you through the entire process, including:

Sorting through the deceased’s papers and contacting the various creditors and debtors of the deceased.
Obtaining valuations for the various assets of the estate.
Preparing the IHT accounts — this needs to be done before an application for probate can be submitted.
Paying any inheritance tax due.
Paying creditors.
Drafting the oath for executors or administrators.
Collecting the assets of the deceased once probate has been obtained.
Distributing the estate in accordance with the will or intestacy rules.
Preparing the estate accounts.
Managing trusts.

Intestacy

If someone dies without a valid will, they have died ‘intestate.’ This means that an application must be made for a Grant of Letters of Administration, allowing someone to deal with the estate. Only certain people can apply, usually the deceased person’s next of kin.

The rules of intestacy dictate who can inherit from the estate when there is no will. These laws prioritise spouses and children, or more distant relatives if there are none.

For advice on the rules of intestacy and what to do if a loved one dies without a will, please get in touch with our probate solicitors.

Click here for more information about the rules of intestacy and other wills and probate FAQs.

Inheritance Tax

Inheritance tax (IHT) is currently paid at 40% on all of a person’s assets over the value of £325,000. If the estate is worth less than £325,000, no inheritance tax has to be paid.

There are several ways that you may be able to minimise an estate’s liability for IHT. If you believe that your estate may be worth more than the threshold, you should speak to an expert solicitor who can advise you on estate planning. Please get in touch to find out more.

Trusts

A trust is a legal arrangement under which appointed trustees hold assets for the benefit of the beneficiaries. They are most commonly used to minimise the inheritance tax liability of an estate and to preserve capital for the next generation or other chosen beneficiaries.

For advice on trusts, including how you may be able to use them in your estate, or how to deal with them as a trustee, please contact our expert probate solicitors today.

Contentious probate

Contentious probate refers to any dispute that arises during the administration of an estate. This may include challenging the validity of a will, disputes between beneficiaries, allegations of mismanagement of the estate or breach of fiduciary duty from the executor, or claims from those who feel they have been unfairly excluded from the will.

Our probate solicitors can provide legal advice to those who are involved in a contentious probate dispute, whether you are an executor or making a claim. We will discuss your options and provide the support and guidance you need to resolve the dispute.

Complex, high-value, and foreign estates

If the deceased person had a complex or high-value estate, it is strongly recommended to work with a solicitor to help you manage the probate and estate administration process in the most effective way possible. This also applies if the deceased person owned assets abroad, which can have different legal and tax implications

Our probate solicitors are experts in helping clients manage complex estates, including those with foreign assets. Please get in touch for more information based on your specific circumstances.

Setfords’ Approach to Probate

We understand that dealing with probate can be overwhelming. We’re here to provide the advice you need, providing a professional and supportive service at what’s bound to be a challenging time.

All of our lawyers are experts in this complex area and pride themselves on their personal service, listening to your needs and concerns to help you administer the estate effectively.

Please get in touch to discuss how our probate solicitors can help you.

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Our Probate Solicitors

Agatha Edeko
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Amir Hamzavi
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Ben Brassington
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Allen Lindsay
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Andrea Godfrey
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Carol Lee
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Claire Ritchie
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Debjani Mukherjee MSc
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Wills and Probate FAQs

What is probate?
Probate is the legal process of dealing with someone’s estate and assets after they have died. Before anybody can claim or distribute the person’s assets, a grant of probate must be applied for, provided the person left a will. This gives the executors of the will the power to distribute the estate according to the will.
If the person died without a will, the law determines who deals with the estate, as well as who can inherit. This is called intestacy. The person who is responsible for dealing with the estate is called the administrator. They will need to apply for a grant of letters of administration instead of a grant of probate.
How long does probate take?
The time that probate takes can vary depending on how large and complex the estate is. Once you have applied for probate, you should receive a response within 16 weeks that will enable you to start dealing with the estate. This process will vary in the time it takes, but a typical timelines is around 9 to 12 months for most estates. There is usually not much difference in time whether the person died with a will or without.
Can you repay a mortgage without probate in the UK?
Once someone dies, their debts will typically need to be repaid. This includes any outstanding mortgages on property. The executor or administrator of the estate deals with this, using funds from the estate or selling the property if these aren’t enough. So, probate must be granted first. However, most lenders tend to be sympathetic to the circumstances and may pursue repayments until probate has been granted. They will also be able to advise you of the next steps, so it’s important to contact them as soon as possible.
If you have inherited a property with a mortgage, you will be responsible for the mortgage repayments. You may need to sell the property if you cannot make the payments.
The executor of the will typically uses the estate’s assets to deal with the repayment of the mortgage, which may mean selling the property. This will require probate being granted to them. If you have inherited the
How to apply for probate?
The first step in applying for probate is locating the deceased person’s will. This will name their chosen executors. If they do not have a will, their next of kin will need to apply for a grant of letters of administration instead of a grant of probate. The process for both is much the same.
Next, you must assess whether probate is needed. Not all estates need it, but if the estate includes property or large sums of money, stocks, or shares, it is necessary. if you are not sure whether probate is required for your loved one’s estate, please get in touch with our probate solicitors who will be able to advise you.
Before applying for probate, you should estimate the entire estate’s value, to help you determine whether inheritance tax (IHT) is due. If it is due, you may need to complete accounts to submit to HMRC. Our probate solicitors can assist with all IHT matters, please get in touch for more information.
Next, you can apply for probate either online or via post. This involves submitting teh required forms and original will or death certificate. Depending on the estate, it may be more efficient for a solicitor to apply on your behalf, please contact us for advice.
One your application has been processed, you will receive the grant of probate, giving you the legal right to manage the deceased person’s estate and assets.
You can find out more about how to apply for probate on the gov.uk website.
When is probate necessary?
Probate is not necessary for all estates. Whether it is necessary or not depends on the size and value of the person’s estate. If they owned high-value assets, including property, it is likely that probate will be needed. Please get in touch with our probate solicitors to discuss your circumstances.
Do you need probate if there is a will?
Probate isn’t determined by whether the deceased person had a will or not. It is solely dependent on the value of their estate.
If they did not have a will but still had an estate that requires it, a process similar to probate must be carried out, whereby administrators are appointed instead of executors, and rules set out by the UK government are followed to deal with the estate instead of the will.

Speak to a Probate Solicitor on 0330 828 4863

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