Wills & Probate

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When someone passes away, those dealing with their affairs need to obtain the legal right to deal with their estate (their property, money and possessions). The legal right to deal with someone’s estate, a Grant of Representation, is known as a Grant of Probate (when someone has a will) or Letters of Administration (if someone dies without a will – ‘intestate’).

ESW Legal is able to act in all probate matters, no matter how large or small the estate, we appreciate that it represents a lifetime’s hard work. We take pride in providing an understanding, sympathetic and professional service during the whole probate process – from the death of a loved one, to the obtaining of grant of probate, administration of the estate and final distribution of bequests and assets to the beneficiaries. We aim to take away as much of the stress as possible at what we appreciate is an extremely difficult time.

A Grant of Representation is not always necessary. If you are unsure of whether you require a Grant of Representation we can review your loved one’s estate and advise you accordingly.

As a team we have more than 40 years’ experience in wills, probate and conveyancing and always aim to provide the highest level of service and care. If you would like our assistance, please let us know so we can discuss your options.

You will always be represented by a fully qualified solicitor within our team.

If you need legal advice or assistance just give us a call or complete our online enquiry form.

How long will Probate take?
How long it will take will depend on a number of factors. On average estates are dealt with within 4-18 months. Typically, obtaining the Grant of Probate takes 6-12 weeks. Collecting assets then follows, which can take between 2-4 weeks. Once this has been done, we can distribute the assets to the beneficiaries which normally takes 1-2 weeks.

Stages of the process
The precise stages involved in Probate vary according to the circumstances. However, below we set some key stages:

  • Identify the legally appointed executors or administrators, and beneficiaries
  • Accurately identify the type of Probate application you will require
  • Obtain the relevant documents required to make the application
  • Complete the Probate Application and the relevant HMRC forms
  • Draft a legal oath for you to swear
  • Make the application to the Probate Court on your behalf
  • Obtain the Grant of Probate and send copies to you
  • Collect and distribute all assets in the estate