Probate & Estate Administration
Sensitive, full-service estate administration.
When someone dies, their estate — all of their property, money and possessions — must be administered and distributed to their beneficiaries. This process is known as estate administration, and in most cases requires obtaining a Grant of Probate (where there is a Will) or Letters of Administration (where there is no Will) from the Probate Registry. BW Solicitors assists executors, administrators and beneficiaries across Ilford and London with all aspects of estate administration, from obtaining the grant through to the final distribution of the estate.
Important Notice
The Probate Process
The probate process begins with establishing the value of the deceased's estate as at the date of death — including all assets and liabilities — and preparing an Inheritance Tax account for HMRC where the estate exceeds the nil rate band or where IHT is otherwise payable. Once any IHT due has been paid or arrangements made for payment, an application is made to the Probate Registry for the Grant of Probate or Letters of Administration. The grant is the legal document that authorises the executor or administrator to deal with the deceased's assets.
- Establishing the value of the estate — assets and liabilities
- Preparing the Inheritance Tax (IHT) account for HMRC
- Paying any Inheritance Tax due before the grant is issued
- Applying for the Grant of Probate or Letters of Administration
- Collecting in the assets of the estate
- Settling all debts, liabilities and expenses
- Preparing estate accounts for the beneficiaries
- Distributing the estate to the beneficiaries
Inheritance Tax
Inheritance Tax (IHT) is charged on the value of an estate above the nil rate band — currently £325,000 per person. The standard rate of IHT is 40% on the amount above the nil rate band. Various reliefs and exemptions may apply, including the residence nil rate band (an additional allowance where the family home passes to direct descendants), spouse exemption (transfers between spouses are generally exempt from IHT), business property relief, and agricultural property relief. Our solicitors will advise you on all available reliefs and exemptions to minimise the IHT payable on the estate.
- Nil rate band — currently £325,000 per person
- Residence nil rate band — up to £175,000 where the family home passes to direct descendants
- Transferable nil rate band from a deceased spouse
- Spouse and civil partner exemption
- Charitable legacies — reducing the rate of IHT to 36% where 10% or more of the estate is left to charity
- Business property relief and agricultural property relief
Intestacy — When There Is No Will
If a person dies without a valid Will, their estate is distributed according to the rules of intestacy under the Administration of Estates Act 1925 (as amended). The rules of intestacy follow a strict order of priority — spouse or civil partner first, then children, then other relatives in a defined order. Unmarried partners have no automatic right to inherit under the rules of intestacy, regardless of the length of the relationship. Where there is no Will, a close relative must apply for Letters of Administration rather than a Grant of Probate. Our solicitors can guide the family through this process with sensitivity and efficiency.
Why Choose BW Solicitors?
Estate administration can be a complex and time-consuming process, particularly where the estate is large or there are complications such as disputed Wills, missing beneficiaries or overseas assets. Our solicitors will manage the entire process on your behalf, dealing with HMRC, the Probate Registry, banks, asset managers and beneficiaries, and keeping you informed at every stage. We serve clients across Ilford, East London and Greater London.