Estate Administration

At Clodes we understand that dealing with probate can be both a stressful and upsetting experience and one which we aim to make as simple as possible.

Who can apply for probate?

Only certain people have the right to apply for probate.

If the deceased left a will, those who are appointed as executors will need to apply for a ‘grant of probate’.

If the deceased did not leave a Will, deciding who and how their estate should be administered may not be straightforward.  In cases where the deceased did not leave a valid Will you will need to apply for ‘letters of administration’.

Generally, you can apply to become the estate’s administrator if you were the deceased’ spouse or civil partner or child however if you were the deceased partner but you were not married or in a civil partnership you are not entitled to apply for probate and may not be entitled to any of their estate.

In circumstances where the deceased did not leave a valid Will we would advise that you contact us before doing anything.

How can Clodes assist with estate administration?

Here at Clodes we aim to make the process of applying for probate as stress free as possible. We offer a range of services for estates both large and small including those which attract Inheritance Tax and those which do not. 

We offer a grant only service whereby we assist with making the application for the grant of probate or letters of administration and we also offer a full administration service in which we apply for the grant and also collect and distribute the estate.

For more information on our services and our estate administration prices click here. 

I am named as an executor but do not want to accept this position.

If you do not wish to fulfil your role as executor broadly speaking you have one of the following options:

  • completely give up your right to apply for probate
  • reserve your right to apply for probate later if another executor cannot deal with the estate
  • appoint an attorney to act on your behalf

If you do not wish to take up your position as executor we would advise contacting us for further advice before it can be said that you have ‘intermeddled’ in the estate.

The executor named in the Will is unable to apply for probate

If the executor is unable to act for reasons such as they themselves have died or they do not have capacity to act, firstly you need to consult the Will to determine whether this scenario has been considered. You may find that the Will appoints replacement attorney’s who could apply for probate. In circumstances the Will is silent on this topic we advise seeking further advice.

I wish to stop a probate application

If there is a dispute, you can challenge an application for probate by entering a caveat before probate is granted.

We would advise that you contact us on 02920 765050 if you are considering challenging an application for probate.

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Clodes Solicitors
Clodes Solicitors
A common query we receive is that P has lost capacity - how does one remove an Attorney appointed under an LPA ?

The Mental Capacity Act 2005 under S.22 and S.23 gives the Court power to revoke an LPA or to determine any question as to the meaning or effect of a lasting power of attorney.

One must carefully consider whether the allegations have merit and who it is proposed would deal with the persons financial affairs should the LPA be revoked.

One could raise there concerns directly with the Office of The Public Guardian or the attorney.

Alternatively one could consider making an application to the Court of Protection to revoke the Power of Attorney and appoint X as a Deputy. If time is of the essence an application to the Court for Directions or Revocation maybe prudent following a letter before action.

If a person is considering a Court of Protection application they should seek legal advice before commencing.

Where a Court application for revocation is being considered the donor would need to be assessed by an expert to ascertain the following:

1. Does P have capacity to revoke their LPA ?
2. Can P validly enter into a new LPA ?
3. Does P lack capacity to request accounts from their attorney ?
4. Did P lack capacity to make the gift or relevant financial decisions at the relevant time ?

The Court can consider any past behaviour or apparent prospective behaviour by the attorney. Provided that X does not have capacity the Court has the power to take whatever steps it regards as appropriate in P's best interests, whether that be by revoking the LPA or by taking some other course.

If you have concerns about a loved ones Attorney contact Clodes Solicitors on 02920 765050 or at https://www.clodes-solicitors.com/service/lasting-power-of-attorney/ #solicitor #local

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