Contentious Probate Avoided Case Study

13 February 2017

Client Situation

We helped Mr H after the death of his father. When speaking to our Probate Advisory team, Mr H told us that his father had died leaving a Will and that he was the named Executor and Sole Beneficiary. We quickly identified that Probate would be required as the Estate was valued at over £200,000 and also included a property.

One of our Probate Consultants met with Mr H at his home and provided him with a Fixed Fee Probate quote, after which Mr H decided to instruct Co-op Legal Services to carry out the Estate Administration on his behalf.

With our Probate Complete Service we take full responsibility for obtaining Grant of Probate and dealing with the Legal, Tax (not VAT), Property and Estate Administration affairs*.

*We can also pay all the costs of a Co-op Funeralcare funeral, providing the Estate owns sufficient assets which can be sold in due course to repay our costs.

How We Helped

The case was immediately passed to one of our Probate Case Handlers who contacted Mr H and went through the Estate in detail and explained how the administration process would work.

Mr H decided to instruct Co-op Legal Services to act for him under a limited Power of Attorney, which meant that he would not need to sign lots of Estate Administration documents and that we could liaise with financial institutions on his behalf.

We arranged and obtained valuations for all property and assets owned by the deceased. Co-op Legal Services paid for the Co-op funeral and prepared the application for the Grant of Probate. As the Estate was under the current Inheritance Tax (IHT) threshold of £325,000 there was no Inheritance Tax to pay.

Whilst our Probate specialists were dealing with the Estate Administration, a sibling who had not been provided for in the Will instructed another firm of Solicitors to lodge a Caveat at the Probate Registry to prevent the Grant of Probate being issued. This can sometimes happen when someone intends to make a claim against the Estate. We helped Mr H resolve this problem and the Grant was subsequently issued and the Estate finalised.

The Outcome

Co-op Legal Services arranged for the deceased's property to be transferred in to the name of Mr H using our in-house Property team. After our client had checked and approved the final Estate Accounts, we transferred his inheritance to him.

The Estate Administration process was completed within nine months. Mr H said was very happy with the help he had received and said that the "administration had progressed perfectly."

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