The procedures differ slightly as to whether the person that dies leaves a will or whether they die ‘intestate’, i.e. without a will. Where there is a will, it is the role of the Executor to make an application for a Grant of Probate. Where there is no will, the Administrator will apply for Letters of Administration.
The Grant or Letters of Administration gives the Executor or Administrator the authority to collect in all the assets, pay off any debts, minimise tax liability wherever possible and distribute the assets.
This can be a daunting task and at times it can be complicated, particularly as an Executor or Administrator has an obligation to act with ‘due diligence’ and is potentially liable for any losses that arise from the wrongful use of the deceased’s property. We are able to help you throughout the whole service, with practical advice and assistance in plain English.
The broad range of areas where a solicitor can help are: