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.

At the moment, most Grants take around 12-16 weeks. Delays happen if HMRC needs more information or if documents are missing. Using a solicitor usually reduces the risk of mistakes that slow things down.

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.

The Office of the Public Guardian usually takes around 16 weeks to register an LPA. Times vary depending on their workload, so it’s best to start early to avoid delays.

Once signed, registration with the Office of the Public Guardian (OPG) usually takes around 16 weeks, depending on government processing times. Winston Solicitors will handle all the paperwork for you.

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.

Most applications take around 12-16 weeks once submitted, but delays are common. Using solicitors helps avoid mistakes that hold up the process.

Most grants take around 12-16 weeks, though delays are common if documents or information are missing. Using a solicitor, such as Winston Solicitors, can help avoid errors that slow things down.

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

A professional executor acts until the estate is finalised. This can be a few months to a few years, depending on the complexity of the estate.

A professional attorney acts for the person who made the power of attorney for as long as the person lives but only when necessary. If you don’t lose capacity or if you don’t need their assistance, your attorneys may never act for you.

A professional deputy acts for the person who has lost their capacity for as long as the court tells them to or until the person dies.

A professional trustee acts for as long as the trust lasts (which can be for tens of years) or until they retire, lose capacity or die.

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 depend on the size and complexity of the estate. Fees are explained clearly before any work starts, and professional executors keep full records of what they do.

Costs vary depending on the complexity of the estate, but at Winston Solicitors we offer clear, fixed-fee options where possible. We’ll always confirm your fee upfront, with no surprises.

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.