When someone dies having already made a will, they are likely to have explained in their will which assets they are leaving, such as property, money and possessions, and to who they would like to leave them (the beneficiaries). Everything that is owned by the deceased is called their “estate”. The will should name the executor, who is the person in charge of distributing the assets.

The executor will then need to apply for probate to give them legal authority to collect the assets within the deceased’s estate and distribute them to the beneficiaries. Before the executor applies for probate, they will need to estimate the value of the estate and calculate whether any inheritance tax is due.

IHT is calculated by adding up the total value of your estate and subtracting any debts. If the estate is above the tax-free threshold (£325,000), the rest may be taxed at 40%. Certain reliefs and exemptions can reduce this.

Where the solicitor is acting as the executor, they will often hold inheritance money for 6 months after the Grant of Probate is given. This is because if anyone wants to make an Inheritance Act claim against the estate because they reasonably expected to receive an inheritance but didn’t, they must do this within 6 months of probate being granted. Therefore, if someone does make a claim for money from the estate and they are successful, the amount can be deducted from the total held by the solicitor before it is allocated amongst the beneficiaries.

Inheritance funds are often held for up to 6 months after probate, in case someone makes a claim. After that, money is usually released to beneficiaries.

We keep a deceased client’s Will until the executors contact us for it for probate. Once the death & the executors’ identities are confirmed, the original Will is released to the authorised executors.

Indefinitely until the testator (the person whose will it is) dies & their executors come to collect it or if the testator wants to make a new will & requests the old will be released to them.

As of November 2024, it is taking 16 weeks from the day the Probate Registry confirm they are processing your application for them to issue you with a Grant. However, there can be exceptions.

On average, probate takes around 4–6 months for straightforward estates. Complex cases with property sales, multiple assets or beneficiaries, foreign assets or beneficiaries, or tax issues may take longer.

Typically, the registration process takes around 16 weeks. This includes a 4-week waiting period to allow for any objections.

After you have been granted probate, the length of time it will take to administer the estate will depend upon the complexity of the assets.

In theory, you could have as many as you like but in practice, you would not normally have more than four. If you appoint more than one, you do have to say how they are to act: jointly – meaning that any decisions must be taken by all attorneys together; or jointly and severally – meaning that each attorney can make a decision independently of the other. If it is joint and several, the Lasting Powers of Attorney will not end if an attorney can no longer act but if joint, if an attorney can no longer act, the LPA ends.

Costs vary depending on your situation, but at Winston Solicitors in Leeds, we offer fixed fees starting from £700 + VAT. You’ll always get a clear quote before you decide.

We offer fixed-fee grant-only probate services. For full estate administration, we can provide a clear estimate based on the information you provide about the estate.

Costs vary depending on your situation. Simple wills are affordable, and we’ll give you a clear fixed fee upfront. Couples often choose mirror Wills, which can save money.

There’s usually a one-off solicitor’s fee. At Winston Solicitors, we’ll explain the cost upfront, which is often small compared to the risk of losing benefits.

Yes, this is possible. If the property is jointly owned by you and your spouse, it is essential that the property is held as tenants in common, rather than joint tenants. It is possible for you to leave your spouse a life interest in your half of the property and if your spouse goes into a care home after you die, only half the value of the house is taken into consideration by the local authority when carrying out a financial assessment to see if they had to pay for their own care. It is essential that the life interest trust is properly worded in the will and you should ensure that you consult a specialist solicitor.

No. If you would like to update us of a change by letter, please do so and we can keep this with your will.

Just because you are named in the will as an executor does not mean you have to act as an executor. If you do not want to take on the role of an executor, you can do one of the following: give up all your rights to act as an executor or reserve your right to act as an executor in case you want to be involved in the future.

No. As long as you have mental capacity, you retain control and you can always revoke the power of attorney. With a health and welfare Lasting Power of Attorney (LPA), your attorney cannot make decisions for you unless you have lost mental capacity. With a property and financial affairs LPA, your attorney can make decisions for you as soon as it is registered if you choose.

If you are not married or in a civil partnership and you do not make a will then the answer is no. However, assets held in joint names and property held as joint tenants with your partner will pass automatically to them on your death.

Inheritance tax (IHT) is a tax on the estate (property, money and belongings) of someone who has died. It’s usually only paid if the estate is worth over £325,000, and only on the value above that amount.

If you want to choose someone to make decisions on your health and welfare when you cannot, then yes. That way, you can pick someone you trust and explain to them any preferences you have so that if the day comes when you cannot make those decisions yourself, they have the legal authority to do so on your behalf.

Yes. If you're married or in a civil partnership, anything you leave to your spouse is free of IHT. You can also combine your tax-free allowances, meaning up to £1 million of your joint estate could be passed on tax-free.