01788 576384 [email protected]

Client Services > Probate / Administration

Probate Solicitors In Warwickshire

Can We Help You?

For an assessment of how we can help and how much it is likely to cost, please call us on 01788 576384 or complete our Online Enquiry Form

How We Can Help You

An executor is normally appointed by will.  They derive their authority from the will and the real and personal property vests in them automatically on the death of the testator (the person who made the will), although probate of the will is necessary evidence of their title.

An administrator derives their title and their authority from the grant of administration made to them by the High Court and, until administration is granted, the real and personal estate of the intestate vests in the Public Trustee.  This state of affairs may arise if:

  • The deceased never made a will;
  • The deceased made a will which was subsequently cancelled either expressly or by operation of law;
  • The deceased made a will which is invalid for some reason (for example, a failure to comply with the necessary formalities or for lack of capacity);
  • The deceased made a will which failed in terms to dispose of any of his property (for example, where a will simply appoints an executor, who is directed to pay debts and expenses, but does not contain a gift or disposition of any of the deceased’s property); or
  • The deceased made a valid will which in terms disposed of all his property but that disposition failed to take effect for some reason (for example, the sole beneficiary having predeceased the testator).

In either case, we can guide you through the application process, including the preparation and completion of both the relevant sworn document (“oath”) and the Inland Revenue Account and the payment of any Inheritance Tax due.  Our fixed fee depends on the extent of our involvement.

For an additional charge, we can also help you to carry out the following duties:

  1. Collecting in all the deceased’s assets;
  2. Ensuring the estate meets its tax liability;
  3. Paying debts;
  4. Paying legacies; and
  5. Obtaining a discharge.

All work is handled sympathetically by an experienced and specialist practitioner.

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