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ABOUT US

We understand the stress of probate and are here to help. 
This page has been set up by the Probate team at Penn Chambers Solicitors to help people who are going through bereavement and need help with probate.


From locating the last Will, applying for probate, tax and distribution of the assets, in the UK and abroad. 

Our experienced and highly specialist probate lawyers undertake the most complex cases alongside the most common straightforward probate matters.

Going through bereavement should not be made more difficult than it has to be for the family and friends left behind, yet there are often too many forms to fill out and no way around it. 

Our specialist solicitors aim to make the probate process as simple, transparent and quick as we can. 

Hi, I am Emma Aslett and I have been with Penn Chambers since 2013. From Paralegal to Head of Wills & Probate Department. ​I am a Wills and Probate lawyer and I make sure my clients' hard-earned wealth is safe when they are no longer here. I make sure their families are protected.

​​Probate matters are often complicated and I take administrating probate off my clients when they are already experiencing difficult times. 

I prepare Wills and LPA's (personal and Business) - however complicated and multi-layered or straightforward they may be, contact me now to set time aside to discuss the options available to you. It is important to make sure your Will is done properly.

I am committed to making sure all my clients are protected and I aim to always provide the highest level of service.

 

Where there is a Will, there is a way.

Emma Aslett

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The Probate Process in the United Kingdom

The probate process in the United Kingdom is a crucial legal procedure that unfolds after an individual passes away. This process involves the validation of the deceased person's will and the subsequent administration of their estate. Here is a brief overview to help you understand the key aspects of the probate process in the UK.

  1. Initiating Probate: Probate proceedings typically commence with the application for a Grant of Probate, which is a legal document issued by the court. If there's no valid will, the process is known as obtaining Letters of Administration. This step provides the executor or administrator with the legal authority to manage the deceased person's assets.

  2. Identifying Assets and Liabilities: The next stage involves creating an inventory of the deceased person's assets and liabilities. This includes properties, bank accounts, investments, and debts. A comprehensive list is essential for accurate distribution among beneficiaries and for settling outstanding debts.

  3. Valuation of the Estate: Professional valuations of the assets within the estate are often required. This step ensures that the true value of the estate is determined for tax purposes and fair distribution among beneficiaries.

  4. Inheritance Tax: Inheritance Tax (IHT) may apply, depending on the estate's value. Executors or administrators are responsible for calculating and settling any IHT owed to HM Revenue and Customs. Certain exemptions and reliefs may apply, so seeking professional advice is advisable.

  5. Probate Registry: Once all necessary documents are prepared, they are submitted to the Probate Registry. This includes the Grant of Probate or Letters of Administration, the will (if applicable), and an oath sworn by the executor or administrator.

  6. Administering the Estate: With the Grant of Probate in hand, the executor can begin the process of distributing assets according to the deceased person's wishes. Debts and taxes owed by the estate are settled during this phase.

  7. Final Accounts: Executors are required to prepare final accounts, detailing all financial transactions during the administration of the estate. These accounts are submitted to beneficiaries and the court for approval.

  8. Distribution of Assets: After all debts, taxes, and expenses are settled, the remaining assets can be distributed to the beneficiaries as outlined in the will or according to intestacy laws if there is no will.

  9. Closing the Estate: Once all tasks are complete, the executor can apply to the court to officially close the estate. This involves providing evidence that all legal requirements have been fulfilled.

  10. Seeking Professional Assistance: Navigating the probate process can be complex, and seeking professional legal advice is often recommended. Solicitors specialising in probate matters can provide valuable guidance to ensure a smooth and legally compliant administration of the estate.

 

Understanding the probate process is crucial for individuals involved in administering an estate in the UK. Seeking professional assistance can simplify the process and ensure that all legal requirements are met, providing peace of mind during a challenging time.

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