Probate is the technical word describing the process of dealing with a person’s estate after they die. The steps to be taken depend upon whether a person has or has not left a will. However, the basic process involves the people claiming the estate proving (hence the word ‘probate’) that they are the persons entitled to it, either under a will or under the rules which allow next of kin to claim. Please see our probate information and fees for further details.
Sometimes probate involves setting up a trust so that beneficiaries do not automatically take the estate absolutely.
We can assist with all non-contentious aspects of probate including the sale of the deceased’s property should this be applicable and advising on Inheritance Tax, Transferable Nil Rate Band and Residence Nil Rate Band.
Trusts can be created by a will or by another document and are a vehicle whereby assets are held for others without those people being absolutely entitled.
In fact, most people who hold a house jointly with their spouse/civil partner are trustees; they own the house as “trustees for sale” normally. However, there are various different types of trusts, and the rules are complex, so it is sensible to take advice of experts when setting up a trust.