Probate 

Our Private Client team are specialist probate solicitors, who will offer an economic, personal and compassionate service to our clients.

Probate is the generic term used to describe the administration of estates.  In practical terms, probate is the legal process of obtaining authorisation from the courts to deal with the affairs of a deceased person either in accordance with the terms of that person’s Will, or in accordance with the terms of the intestacy laws.

The probate process has two principal objectives in mind:

  • Ensure that the correct people deal with the estate and that it ends up in the hands of the right people.
  • Satisfy the requirements of HM Revenue and Customs in relation to the finalisation of the person’s tax affairs to the date of their death and in relation to any liability for Inheritance Tax arising as a result.

In most instances, the process of ensuring that the right people deal with the estate is fairly straightforward and non-controversial.  However, occasionally disputes arise and it may be necessary to go to court. We do not touch on this aspect of the process but we do have specialists who deal with these sorts of inheritance disputes.

Finalising someone’s tax affairs to the date of their death will inevitably depend upon the complexity of that person’s tax affairs. Sometimes the revenue deals with this as an automatic process, but in other cases it is necessary to submit a tax return.  Inheritance Tax however is much more complicated. If an estate exceeds the threshold for Inheritance Tax it is extremely wise to think about engaging professional assistance.

Once the revenue and the courts are satisfied, the next step is the process of administering the estate. This may require assets to be sold or transferred to beneficiaries.

Quick links

Contact us

Support for you, your family and your business. Get in touch today by phone or enquire online. 

Tel: +44 (0) 1276 686 222

Sign up

Enter your email address for legal updates on Private Client & Family Law.

Please see our privacy policy regarding use of your data.


2019- Rising Cost of Probate

Here we are – 2019 ‘Chinese Year of the Pig.’ Not unlike the napping pig of Chinese legend, the much delayed ‘Non-Contentious Probate (Fees) Order 2018’ has been dormant…

Private Client Team

  • All departments
  • Banking and Finance
  • Brexit
  • Business Disputes
  • Commercial Law
  • Competition Law
  • Construction
  • Construction disputes
  • Consumer Law
  • Corporate - MBOs & MBIs
  • Corporate Governance
  • Corporate Law
  • Corporate lending
  • Data, IT & Technology
  • Debt Recovery
  • Disputes - Declarations of trust
  • Disputes - Land and Property
  • Disputes - Probate and inheritance
  • Disputes - Professional negligence
  • Disputes - Restrictive Covenants
  • Disputes - Shareholders & Partnership
  • Disputes - Tenants in Residential Property
  • Disputes - Wills, trusts & probate disputes
  • Disputes and Small Claims
  • Disputes with Co-owners
  • Divorce
  • Employee - Termination
  • Employer - Termination
  • Employment
  • Employment - Business protection
  • Employment - Collective consultations
  • Employment - Contracts, services, consultancy
  • Employment - Employee benefits
  • Employment - Employee Procedures
  • Employment - Equality, discrimination and harassment
  • Employment - Family Friendly Rights
  • Employment - GDPR and Data Protection
  • Employment - Post employment obligations
  • Employment - Redundancy & Reorganisation
  • Employment - Settlement Agreements
  • Employment - Tribunal Claims
  • Employment - TUPE
  • Employment - Wages, holiday and sick pay
  • Employment - Workers rights
  • Employment Tribunal claims
  • Estate Administration
  • Expat Legal Services
  • Family Law
  • Financial Services
  • GDPR
  • Immigration law
  • Intellectual Property
  • International Legal Services
  • Lasting Powers of Attorney
  • Leasehold
  • Licensing Law
  • Money, Tax and Inheritance
  • New Businsess
  • Property Law
  • Recovery & Insolvency
  • Regulatory, Compliance & Competition
  • Residential Property - Completions
  • Residential Property - Conveyancing
  • Residential Property - Shared Ownership
  • Residential Property – Help to Buy
  • Residential Property – New Build
  • Wills, Trusts and Probate

Latest news & insights

Caring for Elderly Relatives

Caring for Elderly Relatives

These days, more and more people are being required to look after elderly relatives who lack mental capacity. An increasing number of these relatives…

read more

Our pricing guides

Our pricing guides are for standard services and may be subject to increases where an individual case requires non-standard services. All prices are in Sterling (£) and VAT will be charged on top of the price at the applicable rate.

Price estimates for all other services are calculated once we know more about your individual case.  Contact us for more information.

Awards | Accreditations 

Accredited Conveyancing Lawyers
Accredited Immigration & Asylum Lawyers
Accredited Conveyancing Lawyers
Accredited Immigration & Asylum Lawyers
London

60 St Martins Lane, Covent Garden, London, WC2N 4JS 

+44 (0) 203 755 0557

Camberley

Building 9, Riverside Way, Watchmoor Park, Camberley, Surrey. GU15 3YL. 

+44 (0)1276 686 222

Wokingham

27 Broad Street, Wokingham, Berkshire. RG40 1AU.

+44 (0)118 977 4045

info@herrington-carmichael.com

© 2019 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority.

Privacy   |   Terms and Conditions   |   Cookies   |   Client Feedback