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How long does it take to get Probate?

This depends largely on whether it is necessary for an Inheritance Tax Account to be prepared for Revenue & Customs. If the value of the estate exceeds the point at which an IHT Account is required, then it will be necessary to check the date of death values of all assets of the estate and that might include obtaining a written valuation for a house or land.

If the assets of the estate are clearly below the point at which an IHT Account is required, then it may not be necessary to obtain formal valuations and in these circumstances it should be possible to obtain Probate in around four-six weeks but will always depend on the Court workload at anytime.

In cases where an IHT Account is required, together with valuations, it may unfortunately take several months to obtain Probate.

These time estimates are not an exact science. They are bound to vary according to the circumstances of each particular case.

How long does it take to wind up an estate?

In a simple case it could take from a month to six months. Complex cases can take much longer.

When can the first money be paid out?

Usually money due under a legacy can be paid within a month of the Grant being obtained. An interim distribution to other Beneficiaries can usually be made at the same time.

What papers do Kew Law need to act?

We would need passbooks and bank statements of accounts in their sole name, details of or the certificates of shares, details of any ownership of land or houses and any other assets in their sole name along with information on joint assets.

Copy of will – death certificate – ID of all executors to satisfy Government anti-money laundering requirements and our regulator’s requirements.

When should I start to deal with matters?

Usually people leave the legal and financial affairs of the deceased to be sorted out after the funeral.

What are personal chattels?

Personal chattels are items of personal and domestic use and ornamental. They are defined by s 55 (1)(x) of the Administration of Estates Act 1925. They include:-

‘carriages, horses, stable furniture and effects (not used for business purposes), motor cars and accessories (not used for business purposes), garden effects, domestic animals, plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments and apparatus, wines, liquors and consumable stores, but do not include any chattels used at death of the intestate for business purposes nor money or securities for money.’

Clearly showing signs of age!

What are Statutory Trusts?

Trust created by operation of law where a Real Property is held by trustees for immediate or eventual sale at their discretion. All income from the property prior to its sale, and all proceeds of its sale, are held in trust for the benefit of the trust’s beneficiaries.

What does “Issue” mean?

Issue are his or her lineal descendants or offspring. An adopted child is treated as a legitimate child of its adoptive parent(s) and not as the child of its natural parents.

Step-children have no entitlement to the estate of their step-parent under the intestacy rules.

What is Intestate?

When a person dies without having made a Will, they are said to have died Intestate.

What is a Spouse?

A spouse is a person who was legally married to the deceased when he or she died.

What is a Civil Partner?

A civil partner is someone who was in a registered civil partnership with the deceased when he or she died. It does not include people simply living together as unmarried partners or as a ‘common law husband and wife’.

What does the term “Children” include?

The term children includes children born in or out of wedlock and legally adopted children; it also includes adult sons and daughters. It does not, however, include step-children.

What does it mean by ‘Whole Blood’?

Brothers and sisters of the whole blood have the same mother and father.

Uncles and aunts of the whole blood are brothers and sisters of the whole blood of the deceased’s father or mother.

What does it mean by ‘Half Blood’?

Brothers and sisters of the half blood (more commonly referred to as “half-brothers” or “half-sisters”) have just one parent in common.

Uncles and aunts of the half blood are brothers and sisters of the half blood of the deceased’s father or mother.

 

At Kew Law we have the knowledge and the expertise to best advise you.

Contact us or call our call our mobile friendly number on 033 33 22 1000 or 0800 987 8156 to book an initial consultation with a Solicitor.

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