How Our Process Works

How Our Process Works

Milestone 1

1.0 We will take initial contact details & brief instructions about the probate case.

1.1 We will arrange for one of our consultants to make contact with you to discuss a suitable date and time when you will be available to have a meeting with you, either over the phone, zoom meeting or in some cases face to face at a place convenient to you. Our consultant will;

  • Send either by post or email a letter detailing the date and time of the meeting and ask that you to confirm the appointment.

1.2 Our consultant will have a meeting with you at the date and time arranged, and take full instructions from you. A case summary will be prepared. Although copies of documents such as death certificates, Will and codicils may be exchanged at this time, we will request originals to be sent to us later. Our consultant will;

  • Provide you a fixed quotation and contract for you to sign if you wish to proceed with us.
  • Pass copy documents, case summary and signed contract to our case opening team.

1.3 Members of our case opening team will then open the case and liaise with you to obtain your certified photo ID & address ID, originals of copy documents previously provided (death certificate & Will if you have it) and help you through this process. They will do the following;

  • Send you the appointment summary to you to agree by signing it.
  • Send you initial forms and authorities to complete, sign, date and return back to us.
  • Ask you to send in the original death certificate, Will and any codicil to us by recorded delivery post. If the original Will is held by a solicitor we will obtain it from them using your signed authority which will have been sent to you with the forms and authorities.
  • Ask you to provide your photo ID, a certified copy of your passport or photo driver licence and two forms of your address ID, one must be your original bank statement (we cannot accept printed from online banking and must not be more than 3 months old, and for the same account you nominated on your bank payment details form) and another such as an original council tax bill, utility bill (gas, electricity or water – we cannot accept mobile phone bills) or a letter from the DWP or HMRC.
  • Ask you about any information they think may be needed, including a copy of the funeral invoice and if this has been paid and details of who paid it for any reimbursement.

Milestone 2

2.0 Once we have your certified ID on the file, we will allocate a case handler to you, who will review your case and documents and make contact with you to introduce themselves to you, briefly go over the circumstances of the case and take any special instructions from you and your preferences as to how you wish to be contacted. Your case handler will;

  • Send two copies of our client care letter to you, detailing their name, contact details and their supervisors details. One for you to keep and one for you to sign and return back to us.
  • In their letter detail your entitlement under the terms of the Will or the intestacy rules in the absence of a Will.
  • In their letter to you, the case handler will also summarise any forms and authorities, original documents or ID documents that may remain to be received from you mentioned above at 1.3.
  • The case handler will also summarise in this letter any certificates, such as your full birth certificate (with your parents name on), marriage certificate, divorce nisi, deed of name change or civil partnership agreement which you must provide.
  • Your case handler may also ask you to provide the pre-deceased spouse’s death certificate, marriage certificate and copy of their Will or Grant Letters, and value of their estate at death, if any transferrable nil rate band and transferrable residents nil rate band need to be claimed for estates over £325,000 to reduce any inheritance tax.
  • Your case handler will also advise you to obtain valuations for any estate property or valuable personal possessions for probate purposes. Valuations must state the value at the date of death. We can arrange this valuation for you.
  • If the estate has any agricultural or business assets, their are special reliefs against inheritance tax which can be claimed and your case handler will in this case request appropriate documents to substantiate the relief claim.
  • Similarly client care letters will be sent to all the beneficiaries, but will be limited in content to their inheritance entitlement, required ID and required certificates only.

2.1 The case handler will also write to;

  • The sources of assets identified in the initial meeting and detailed in the appointment summary such as, Banks, Building Societies, NS&I, Pensions, Life Assurances, DWP & HMRC, Registrars of Shares, Death Benefit Employers, Credit Card Companies & Home Insurers for details of the date of death balances, debit and credit balances, or details of any over/ under payments and tax status.
  • Utilities identified in the initial meeting such as, gas, electricity, water, any mobile phone or broadband providers, mail order companies to advise them all of our details for any future contact and to request details of any debit or credit balances. If the property is still occupied we will ask the utilities to transfer the accounts to the name of the occupier.

Milestone 3

3.0 Once your case manager has received details of the balances, valuations and bills from the utilities and details from the DWP & HMRC of any credit or debit balances or over/ under payments, they will prepare a Statement of Affairs detailing the value of the assets, the amount of the liabilities and a net value of the estate. The funeral invoice and any other related expenses such as wake will be included as a liability even if these expenses have already been paid. A draft of the Grant Application and Legal Statement will also be prepared. 

 

  • The Statement of Affairs, Grant Application & Legal Statement will be sent to you to consider, and approve by signing the documents.
  • Please note for estates over £325,000 where transferrable nil rate band or residents nil rate band allowance is being claimed the value of the estate must be reported to the HMRC by sending them a form IHT400 with schedules and a unique code will be provided by them to be sent to the probate registry authorising the registry to accept the application. The HMRC can often take 3-4 weeks to issue the code and registry will not accept the application until we the code.

3.1 Once we have your approval and signed documents, and provided we do not have any outstanding original documents requested, forms or certificates from 1.3 & 2.0 above, and if required have the unique code from the HMRC, we will be in a position to submit the grant application.

Milestone 4

4.0 Your case handler will review your signed Legal Statement & Grant Application. Will ensure we have the original death certificate and original Will with any codicils and ensure we have your properly certified ID along with any certificates requested. Your case handler will then;

  • Carry out as required by regulations, electronic searches.
  • Verify anti-money laundering and bankruptcy checks.
  • Post under cover of our letter, by recorded delivery the original signed Legal Statement, Grant Application, Original Death Certificate and Original Will along with the requisite cheque for the Court fee and fee for 5 copies of the sealed grant to the District Probate Registry. Please note the probate registry will not return the original Will.
  • Confirm to you when the application has been submitted.
 
 
 
 

Milestone 5

5.0 With the Grant Application submitted and as soon as the organisations we have written to holding the estate assets or liabilities respond to us fully providing their closure forms for banks, building societies, NS&I, pensions and claim forms for life assurances and stock sales or transfer forms for shares, liquidation or transfer forms for investments and ISA’s, your case handler will contact you. We will ask you how you wish to deal with the assets which say give a choice to either sell or transfer the asset. We will then complete the appropriate forms with your details as the executor or personal representative and our trustee client account information and send them to you.

  • Closure forms, claim forms, stock sale or transfer forms and investment account liquidation forms will be sent to the executor. They will be completed and all that is required is for you to check the information is accurate, sign, date and return them back to us.
  • Note our client account details will be completed on the forms for payment of the funds to allow us to collect the funds centrally.

5.1 Grant of Representation for cases where there is a Will can often take the probate registry 10-14 weeks to process. Letters of Administration in intestacy cases often take the probate registry 14-18 weeks to process. These time limits can increase by 4-6 weeks if the registry has any queries or enquiries about the application and can decrease by 4-6 weeks if the registry deal with the application promptly. Factors that can effect the time taken to process the application;

  • If the applicant is acting under a power of attorney.
  • If the original Will was not found and statements of truth have been provided by executors or witnesses to the Will to prove the copy Will.
  • If the named executors are unable to or unwilling to act or have not been located and they have not provided a signed deed of renunciation.
  • Alternative executors have been appointed by deed of appointment.
  • Please note any contentious challenge to the application, or caveat lodged with the probate registry by a third party can put an initial stop to the grant being issued for 6 months and this can be extended by a further 6 months until a signed consent order by the parties concerned is filed with the registry.
  • Our contentious probate team can assist with a litigation defence to a challenge against the estate.

5.2 At this stage and prior to grant being granted some banks and building societies may send the money they hold to our client account because the amount is under their threshold for requesting a grant document. In these cases we will be holding some funds in our trustee’s client account.

  • If all the executors agree and authorise an interim distribution of the money held in our client account by sending the case handler an email, we can distribute a large proportion of this money. 
  • If it has been less than six months since the grant has been issued and the executor(s) want an interim distribution, your case handler will send our standard advice letter relating to the Inheritance (Provision for Family and Dependants) Act 1975 and a form of authority for the executor(s) to sign and return back to us to acknowledge receipt of the advice.

5.3 Please note, the probate registry regularly pass probate information to the DWP. If in the worst case scenario the DWP make a claim against the estate and start an investigation into the deceased’s assets to establish the value of their savings at the time the deceased made the claim for a means tested benefit such as Pension Credit, we will be barred by law from making any distribution. The DWP investigations can last between 6-9 months.

5.4 Other organisations will close their accounts and send the funds to our client account when we provide a sealed copy of the grant, any ID requested for the executor(s) and signed closure forms.

  • We will send a sealed grant of probate to organisations holding money, shares etc along with closure forms, share dealing forms, investment liquidation and claim forms.
  • Estate agents marketing an estate property must write to us in a letter or email requesting a sealed copy of the grant with your authority and we will post the grant to them and request the send us the original back when they have considered it. Our agency department will provide a quote for the national marketing services and open a file if you choose to proceed.
  • Conveyancers dealing with the sale must also write to us in a letter or email requesting a sealed copy of the grant with your authority and will similarly post an original to them. Our conveyancing department will provide a competitive quote for dealing with the sale and open a file if you choose to proceed.
  • Once grant of probate is issued you can accept any offers in the sale of an estate property and exchange contracts of sale and complete on the sale.
  • Once grant of probate is issued any beneficiary of the estate can change to whom they might want their inheritance to go to instead of them by instructing us to prepare a Deed of Variation for them to execute. We will charge a separate fee to prepare this deed, which can be added as an expense to the estate.

5.5 If you have accepted an offer over the date of death value of the property, this constitutes a capital gain and Capital Gains Tax (CGT) will become payable. Your case handler will advise you about appropriation of the property to the beneficiaries and the CGT allowance(s) and allowable expenses which can be offset against the gain made.

Milestone 6

6.0 Once your conveyancer sends the net proceeds of the sale of the estate property, after paying the estate agents fees to our client account, the funds will be added to the funds we already hold. You or your estate agents should provide utility meter readings to the case handler, who will in turn;

  • Provide the final meter readings to the respective utility providers and request that final bills be calculated and provided. 
  • Make payment of the final utility bills and any other liabilities.
  • Ensure they have written confirmation from both the DWP and the HMRC that all matters are settled.
  • Calculate any Capital Gains Tax (CGT) due on the sale along with any income tax on income during the administration period.
  • Provide information to you if applicable on how to register for a personal tax account.
  • Make payment to the HMRC for the CGT or income tax to your personal tax account.
  • Draft Final Estate Accounts and send them to the executor(s) if more than one acting along with an approval form to sign and return back to us to confirm approval.
  • Calculate any interest on the funds held in our client account and add to the existing balance of the estate funds.
  • Make the final distribution payments to all the beneficiaries.

Milestone 7

7.0 We will proceed towards closing the file after final distribution is made, and will;

  • Return any original death, birth, marriage and civil partnership certificates back to the respective owners.
  •  Send a letter of conclusion to all beneficiaries detailing the total money paid in connection with their inheritance from the estate, to evidence the amount and source of funds.

This will conclude our administration of the estate.


Our probate administration services can be provided on a fixed-fee or hourly basis, depending on the specifics of your case and your requirements.

Contact us today to discuss your matter. We will assess your situation and provide a clear outline of the costs involved.

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