Probate

The death of a friend or loved one can have a devastating effect

Even if a death was expected, we would all rather focus on saying farewell than on making sure all the necessary legal steps are taken. Having an experienced solicitor assist during this time can make all the difference, particularly when someone dies without leaving a Will (‘intestate’).

At Garside & Hoy, we have a supportive and sensitive approach when assisting Executors, Ceneficiaries or family members during this stressful time.

Support and expertise

We have extensive experience in administering estates and we can advise on the following matters:

  • registering deaths
  • arranging funerals
  • administration of assets and liabilities
  • completing the relevant Inland Revenue forms
  • calculating Inheritance Tax and Income Tax rebates
  • advising on Deeds of Variation which may be used to reduce the payment of Inheritance tax
  • dealing with foreign assets and obtaining grants of probate in different jurisdictions
  • advising on the reorganisation of entitlements under a will or on intestacy to provide for maximum tax efficiency

We are able to call on expertise from our Conveyancing Department for estates which include residential or commercial property. We also have strong relationships with professionals such as Financial Advisers, Funeral Directors and Estate Agents to provide a comprehensive service to our clients.

Legal Requirements when someone dies

It is the responsibility of the Executors or appointed Personal Representatives of the deceased to administer their estate in accordance with the terms of the Will, or where there is no Will, in accordance with the Administration of Estates Act 1925.

In order to collect assets, pay liabilities (including taxes) and distribute the estate, it is usually necessary to make an application to the Probate Registry for a Grant of Probate where the deceased left a Will. Where there is no Will, a Grant of Letters of Administration is generally required.

Fixed Fees

Where possible, and for the majority of estates, we offer Fixed Fees for dealing with the administration of estates. For some larger and more complex matters, we can give an estimate of fees on request. We offer a free 30 minute probate appointment during which we can provide a fee estimate for our work, without obligation.

If you have any questions, need further information or would like to arrange an appointment please contact us.

Meet the team: Julia Newland (Partner), Suzanna Baker (Assistant Solicitor), Holly Covington (Paralegal)