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When someone dies, their affairs need to be resolved. Debts paid, assets collected, and taxes settled, and whatever remains distributed to the people entitled to it. This process is called estate administration, and the legal document that authorises the personal representatives to deal with the estate is the grant of probate (if there is a will) or letters of administration (if there is not).
At Tower Bridge Legal, we guide executors and administrators through this process from start to finish, handling as much or as little of the work as they want us to.
The first step is identifying what the deceased owned and what they owed. Bank accounts, investments, property, vehicles, personal possessions, business interests, pensions, and life insurance all need to be traced and valued. Debts, mortgages, outstanding bills, and potential liabilities need to be identified too. This investigative work can be straightforward when the deceased kept good records, or it can take months when papers are scattered, accounts are held with institutions nobody knew about, and the full picture only emerges gradually.
Piecing Together the Full Picture
We help executors gather the necessary information, write to institutions, and compile the schedules required for the probate application and inheritance tax return.
Not every estate needs a grant of probate. Small estates – those below a threshold that varies by institution – can sometimes be administered without one. Banks may release modest sums on production of a death certificate and proof of entitlement.
But for most estates of any size, and certainly for any estate that includes property, a grant is essential. Without it, asset holders will not release funds to the personal representatives, and property cannot be sold or transferred.
Inheritance tax must be addressed before a grant is issued. If the estate is taxable, at least some of the tax must be paid upfront – typically the tax attributable to non-instalment option property (basically, everything except land and certain business assets).
This can create a cash-flow problem because you need the grant to access the money, but you need to pay tax before you can get the grant. Solutions exist in that the Direct Payment Scheme allows tax to be paid from the deceased’s bank accounts before the grant issues, and instalments can spread the tax on land over ten years but understanding these options require knowledge of how the system works.
Applying for the Grant
The probate application itself is now made online in most cases. Executors complete a statement of truth confirming they will administer the estate according to law, submit the inheritance tax forms, pay the application fee, and send the original will to the Probate Registry.
Processing times vary – a few weeks in straightforward cases but longer when the Registry has queries or backlogs. Once the grant issues, copies can be used to collect assets, settle debts, and begin the process of distribution.
Executors have legal duties that personal liability attaches to. They must collect the estate assets, pay the debts, and distribute to the beneficiaries. If they pay out to beneficiaries before ensuring all debts and taxes are settled, they can be personally responsible for any shortfall.
If they distribute to the wrong people, or in the wrong proportions, they can be required to make good the loss from their own pockets. Placing statutory advertisements in The Gazette and local newspapers provides some protection against unknown creditors, but executors need to conduct reasonable enquiries regardless. We help executors understand their duties and discharge them properly, reducing the risk of personal liability.
Property in the estate needs particular attention. If the deceased was the sole owner, the property forms part of the estate and passes under the will or intestacy rules.
If the deceased owned jointly with someone else, it matters whether the ownership was as joint tenants (in which case the property passes automatically to the surviving owner by survivorship, outside the estate) or as tenants in common (in which case the deceased’s share forms part of the estate).
Getting this wrong can lead to serious problems. We check the title, confirm the ownership structure, and advise on what needs to happen.
Estates with foreign assets, such as property abroad, overseas bank accounts, investments in foreign companies, raise additional complexities. Different countries have different rules about succession, and a grant of probate from the English courts may not be sufficient to deal with assets elsewhere.
We work with lawyers in other jurisdictions to coordinate the administration of international estates and ensure nothing falls through the gaps.
As Much or as Little Help You Need
At Tower Bridge Legal, we offer different levels of service depending on what executors need. Some want us to handle everything from obtaining the grant to collecting assets, paying debts, preparing estate accounts, and distributing to beneficiaries.
Others want to do most of the work themselves but need help with particular aspects, such as the inheritance tax return, perhaps, or the property transfer. We adapt to what works for you. Administering an estate is not something most people do more than once or twice in a lifetime. We do it every day, and that experience makes the process smoother and less stressful than trying to navigate it alone.
