Grant of Probate, Deed of Variation & Probate Property Sale Case Study

13 January 2017

Client Situation

Mrs B was contacted by our Probate Advisors after the funeral of her father which was conducted by Co-op Funeralcare. Mrs B advised that her father had died leaving a Will and that she was the named Executor. Our Probate Advisor identified that Probate would be required as the Estate was valued at over £400,000 which included a property.

One of our Probate Consultants met with Mrs B at her home and provided her with a Fixed Fee Probate quote, and Mrs B instructed Co-op Legal Services to carry out the Estate Administration on her 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*.

How We Helped

The case was immediately passed onto one of our Probate Case Handlers who contacted Mrs B and went through everything with her in detail.

Mrs B also instructed Co-op Legal Services to act for her under a limited Power of Attorney, this meant that she would not need to sign lots of Estate Administration documents.

We wrote to all of the 11 Beneficiaries that had been left legacies by the deceased, and arranged and obtained valuations for all property and assets owned. Co-op Legal Services paid for the Co-op funeral and prepared the application for Probate. Inheritance Tax allowances were utilised so that no Inheritance Tax was payable.

In order to obtain the Grant of Probate a special copy of the Will, called a FIAT Will, had to be drafted and lodged with the Probate Registry. After this was done a Grant of Probate was issued.

Mrs B decided at this stage to include some other Beneficiaries that she wanted to receive legacies from the Estate. On her instructions, we drafted a Deed of Variation document that Mrs B signed so as to include these further beneficiaries’ legacies from her share of the Estate.

The Outcome

Co-op Legal Services arranged the sale of the deceased’s property through their estate agency and Conveyancing services, and paid all the Beneficiaries after Mrs B agreed to the Estate accounts.

The Estate Administration process was completed in eight months and Mrs B was very happy with the all-round service received.

*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.

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