LATEST TWEETS
Why it takes time to obtain the Grant of Probate
As an executor, you are likely to need a Grant of Probate to enable you to carry out the deceased’s wishes as was set out in their will. The grant is formal confirmation from the probate court that the executors are legally entitled to administer the estate. You must apply for the Grant of Probate before you can make headway with the estate administration and, officially, it should only take up to eight weeks for the grant (or Letters of Administration if there is no will) to be sent to you.
Unfortunately it is taking much longer, sometimes many months, for grants to be sent out for various reasons. Deborah Adams, Director of Private Client Services at Parnalls Solicitors, explains the factors currently holding up the process, and what needs to be done before an application for the grant can be obtained.
Probate court delays
In Spring 2019 there was a significant increase in the number of applications to the probate court ahead of an expected hike in probate fees, which did not actually materialise (the fee is still £215). Alongside this, a new online probate service is being introduced and is suffering from the usual technical hitches. Then, at the same time, there have been closures of district probate registries.
All this has contributed to a backlog of probate applications which means you can expect your application for a grant to take many weeks. This is causing potentially serious problems for some executors who have been experiencing delays in being able to sell property or to access estate assets.
Valuing the estate
While you can make a probate application yourself, it is nearly always best to have a specialist solicitor to do the work on your behalf as it is rarely straightforward. Apart from anything else, if there is an error in your application it will be sent back and the delay in receiving the grant will be even longer.
The application cannot be made until all the assets have been valued because you need to include an estate valuation in the application. Your solicitor will need details of all the assets in the estate, for instance, bank accounts, shares, land and property and valuable collections, so that the value of the assets can be estimated.
Remember to give details of any debts left by the deceased as these will be taken into account when calculating the value of the estate.
Inheritance tax must be paid
If inheritance tax is payable by the estate, a payment must be made to HM Revenue & Customs by the end of the sixth month after the date of death; and the grant will not be sent until any tax due has been paid.
How long will it take?
The quicker you can get all the relevant information to your solicitors, the speedier the application for the grant can be submitted to the probate court. Assuming there are no errors, a realistic timescale in which to receive the grant is approximately 16 weeks but recent reports indicate that it could be shorter. If there are errors and the application has to be returned for amendments, it could be much longer.
You need to consider carefully the potential impact on the administration of the estate. If, for example, there is property to sell – you can expect a significant delay in being able to go ahead with the sale so potential buyers will need to be told.
It also means it could take a long time to access other assets such as money in investment accounts; and, of course, the beneficiaries could have a long wait before they receive their inheritance.
When the Grant of Probate is received
Once the grant is received, you and your solicitor can then get on and deal with the full administration of the estate and distribute the assets. It would be wise to tell the beneficiaries and anyone waiting to buy estate property or other assets that the grant has been received.
For further information on applying for the Grant of Probate or Letters of Administration and what is involved, please contact Deborah Adams, Director of Private Client Services on 01566 772375 or email adamsd@parnalls.com
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
Tags
Categories
MORE NEWS
Should I get a cohabitation agreement?
The Need for Updating Wills
The Right to Make Noise
Ill-health pension transfer not liable for IHT
Legal Time Limits - why so important?
Would you pay a premium for a south-facing garden?
Video-witnessed wills to be made legal
New Planning Relaxation Is Not the Whole Storey
How to minimise delays in obtaining Grant of Probate
Could you benefit from the Green Homes Grant?
A SHOCK TO THE SYSTEM: new electrical safety regulations for residential tenancies
Property of Cornish residents who die without a will goes to Prince Charles
Does your lawyer progress your accident claim efficiently and provide you with a personal and professional service? Can i change solicitors for my accident claim?
What effect could the new changes to stamp duty have on property sales?
Preparing to sell your Launceston property
Staying safer in video meetings
Making Sure Your Great New Home Comes With Clean Air
Property Market Re-Opens in England
Coronavirus: Wills and Powers of Attorney FAQ
Medical Care Received Not Up to Scratch?
Had an Accident in Someone's Home?
Accident or Injury Involving a Dog?
Social Distancing No Obstacle for Parnall's Mobile Document Signing Team
Coronavirus (COVID-19) and Commercial Property Legal FAQs
Rent Charge Suspensions: Protecting Your Interests
Been Asked to Sign an Employment Settlement Agreement? Seek Advice Urgently...
Services Update: Continuity of Legal Service Provision
Advising You in Uncertain Times
Coronavirus Update
Could carelessness on social media land you in court?
Is an electronic signature on a commercial property document acceptable?
What happens when there is no health & care LPA in place
Social Media Training for Businesses
Information to gather for your probate solicitor
Gazundering, what it is and how to avoid it
Relief from forfeiture – what happens if the tenant forgets to pay the rent?
Not so safe at work - compensation for an accident at work
New organ donation law: giving you control
Running a business from home
Have nude photos of you or your teenager been posted online?
Landowners’ rights and the Electronic Communications Code
Building in your back garden
Christmas is a time for giving (and inheritance planning)
Buying the freehold of your leasehold house
Redeveloping an empty pub for commercial use
Why it takes time to obtain the Grant of Probate
Social Media: The unconscious privacy threat
Is your reputation being threatened?
Making a will after your spouse or partner has died
Interns celebrate completion of internship at solicitors
Selling your home in a flat market, some top tips
Claiming compensation for a serious road traffic accident
New Media and Communications Court list reflects surge in internet defamation claims by Laura Baglow
Has your personal information been shared without your permission?
Planning your escape to the country, what you need to consider – part 2
Government consultation on new national model for shared ownership
Choosing a partnership structure
Planning for what happens when you die by Deborah Adams
Changes to legislation could offer protection for tenants in the private rental sector
Move to the country - Part One
The risks of DIY probate
Will your septic tank still be legal in January?
The death knell for ‘kiss and tell’?
Making a will when you retire
Selling your property at auction
Not looking so good - your guide to compensation for botched non-surgical cosmetic procedures
New threshold of seriousness in defamation proceedings
Legal considerations when building a granny annex
Choosing the right person for your power of attorney
Formal Interviews - Do you need legal representation?
Privacy rights and aerial images
Trustees’ duty to give information to beneficiaries
Five problems with a leasehold property
Taking your first commercial lease
Is your organisation protected from employee social media legal risk?
Have you been targeted by negative social media posts?
Farmers be alert when being inspected
Help for House Sellers?
Don’t let your digital assets end up in a digital grave
Valuing an estate for probate
Development proposals and your local authority search
What can you do if your child is injured in a serious accident
NetRights welcomes new protection for social media users
SHOULD I GET A LAWYER FOR A SPEEDING OFFENCE?
Supreme Court recognises that social media is a “casual medium” in libel battle
Choosing the best conveyancer who is right for you
Making a will after a second or subsequent marriage
Option or promotion agreement – which is best for landowners?
Anonymous pub and restaurant online reviews leave a bad taste
Have you had an accident involving a horse?
Help to Buy – beware of some cracks in the structure
Understanding Lasting Powers of Attorney
Changes to Energy Performance Certificate for Landlords
Had a cycling accident? Your route to obtaining compensation
New year, new home: tips to sell your home in the New Year
Tax Planning for your inheritance
Hearing loss: when your employer may be liable
Buying a home for your retirement, five things you need to consider
Farmers plan to diversify after Brexit
Ministers press ahead with probate fee shake-up - reports BBC News
Botched dental treatment? You may be entitled to compensation
Why a Health and Welfare Power of Attorney is a good idea
Will the new charge on building developments in Cornwall affect you?
Energy Performance Certificates – Do They Matter?
HMRC Challenging Stamp Duty Land Tax Payments
Ben Mitchell qualifies as a solicitor
The potential implications of Brexit on employment law
Appointing a guardian for your children
Houses in multiple occupation – new rules from October 2018
New Agriculture Bill published
Will Brexit affect my pension?
Dreaming of a holiday home? Sort out the legals before putting your feet up
Lasting Power of Attorney by Deborah Adams
Settled status after Brexit by Alexis Hager
How to choose an executor to administer your estate when you die
How overage agreements can boost profits from your land
Top tips for first-time buyers
How Could Brexit Affect My Farm?
Wills & Succession in Spain by Deborah Adams
Brexit – an international and local view by Alexis Hager, Litigation
Capital gains tax - important facts for non-residents of the UK
Buying a home: the importance of making sure the seller is entitled to sell
Changing a will after someone has died: it is possible and it could save you money
Your responsibilities when you have people working in your home
Sad passing of Battle of Britain pilot who served with Parnall family member
Considerations when buying a heritage property
Disciplinary proceedings at work: guide for employers
Employers should have a disciplinary process in place, but just following this may not be enough to avoid falling foul of the law and exposing yourself to the risk of an employment tribunal claim.