Probate

FAQ

Here are some Frequently Asked Questions with regards to Probate, Letters of Administration and Making a Will.
If your question is not here please call us free on:
0800 612 6105 or 020 8150 2010.

Q: Who needs a Will?
A: Property or Land Owners, anybody with cash assets in excess of £5000 or whose estate will receive a payment in excess of £5000 after death i.e from an Insurance Company or Pension provider.

Q: I don't have £5000, can I still write a Will?
A: Yes. You can write a Will  to distribute personal effects but there is not generally a need to take the Will to Probate.

Q: What is Probate?
A: An application to the High Court (Probate Registry ) to claim responsibility for and effectively deal with somebody's money or assets.

Q: Is Probate complex?
A: Not always. Every estate is different.

Q: Is  Probate expensive?
A: Every estate is different and of course the work can be varied. We offer a low cost guaranteed fixed price solution. You will know the total fees before we start work.

Q: How much does Probate cost?
A: Every estate is different and of course the work can be varied. If you call us on local rate 0845 600 3527 we can quote you a low cost guaranteed fixed fee.

Q: Do I need a Solicitor?
A: No. Personal application are accepted by the Probate Registry.

Q: What is a Deed of Variation?
A: Please see our specific Deed of Variation page.

Q: What are Tenants in Common?
A: Please see our specific page on Tenants in Common.

Q: What is a Letter of Administration or what are Letters of Administration?
A: Almost exactly the same as Probate except you apply for a Letter of Administration if there was no Will. The procedure and forms are exactly the same as Probate.

Q: What is Intestacy or Intestate?
A: If you do not make a Will you die "Intestate".

Q: Who will benefit if I die without a Will?
A: Governments have applied what is known as the Law of Intestacy, it will depend on who is your closest relative. See our specific chart on the Laws of Intestacy.

Q: Can I write my own Will?
A: Yes of course. But our Online Wills start at just £25.00, is it worth the risk?

Q: Does my spouse inherit everything if I do not make a Will?
A: Absolutely not. There are limits laid down by the Laws of Intestacy

Q: Does my partner inherit my house if I do not make a Will?
A: Absolutely not. Partner's inherit nothing.

Q: What can I do to stop the tax man taking my hard earned money?
A: Call us.

Q: Will my children be liable for inheritance tax?
A: If the total value of your assets exceeds the nil rate band (currently £325K as of April 2009) then the answer is yes. Inheritance Tax will most likely fall due.

Q: What is a Caveat?
A: A form lodged with Probate registry that would register your interest in an estate and thus stop the probate registry from issuing a Grant of Probate or Letters of Administration.

Q: Can I stop someone applying for Probate?
A: Yes. You can enter a caveat which will stop the Probate registry from issuing a Grant of Probate or Letters of Administration. It is strongly advisable to take legal advice before entering a caveat, please call us we can help you.

Q: What are the Probate registry fees?
A: To make a personal application the Probate Registry charge £80 plus an additional £1 for every extra Grant of Probate or Letters of Administration required.

Q: Where can I obtain the Probate forms.
A: Through our web shop here.

Q: Are banks more expensive than a solicitor for Probate?
A: From our experience banks do NOT apply for Probate, banks use their in house solicitors as such the bank must charge a fee as will the solicitors, so the answer is most likely yes. Ask yourself this question: "Would you trust your solicitor with your savings?" Then why use a bank for Probate?

Q: Do IWC cover my area?
A: For Probate or Letters of Administration the answer is yes as we are able to use a panel of solicitors covering all regions with the exception of Scotland. If you wish you Make a Will we offer nationwide coverage through our Online wills service however we only offer home consultations for will writing within our coverage area.

Q: My question is not here?
A: Please call us on local rate 0845 600 3527 or request a call back , we would be happy to help.

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