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Probate and Estate Administration

Compassionate Probate Lawyers: Tailored Estate Administration Services in England & Wales

Dealing with a loved one’s estate following their passing is often an emotional and challenging process. At 360 Law Services, we understand the complexities and sensitivities that surround probate, intestacy and estate administration. We’re here to guide you through every step, ensuring that your loved one’s wishes are honoured and that legal and tax requirements are met accurately and efficiently. 


Our dedicated team of solicitors brings expertise in managing all aspects of probate, from obtaining the Grant of Probate *where there is a valid Will) or Letters of Administration (where there is no valid Will) to ensuring the accurate and fair distribution of assets. We assist in both testate (where a will is present) and intestate (where no will exists) scenarios, ensuring that the estate is handled appropriately under the laws of England & Wales. 

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    Our Probate and Estate Administration Expertise

    Grant of Probate & Letters of Administration

    Assisting executors and administrators in obtaining the necessary legal documents to enable them to manage and distribute the estate. 

    Intestate Succession

    Offering guidance on the rules of intestacy and ensuring rightful heirs receive their entitled assets.

    Estate Valuation & Asset Distribution

    Providing comprehensive estate valuation, addressing liabilities, and ensuring a fair distribution of assets to beneficiaries.

    Estate Taxation

    Offering advice on inheritance tax implications, potential exemptions, and ensuring accurate and timely payment to HMRC. 

    Deeds of Variation

    Offering advice on the variation of estates to re-direct assets for tax saving or other purposes.

    Cross-border Estates

    Assisting in cases where assets are located abroad or where international laws may impact the estate. 

    Estate Disputes & Contentious Probate

    Advocating for clients in situations where the will or estate distribution is under dispute.

    Our Probate and Estate Administration Team

    FAQs - Probate and Estate Administration

    What's the difference between probate and estate administration?

    Probate refers to the legal process of proving a will’s validity, while estate administration encompasses the broader tasks involved in managing and distributing a deceased person’s assets.

    How long does the probate process take in England & Wales?

    The duration can vary, typically ranging from a few months to over a year, depending on the estate’s complexity and any potential disputes.

    What are the duties of an executor or administrator?

    Their primary responsibilities include valuing the estate, paying off any debts, discharging the estate’s tax liability and ensuring beneficiaries receive their rightful inheritance. 

    What happens if no will is left behind?

    In cases of intestacy (no will), the estate will be distributed according to the rules of intestacy set out under English and Welsh law.

    Are there any tax implications during estate administration?

    Yes, inheritance tax may apply to the estate’s value above a specific threshold. It’s crucial to understand the available allowances and potential exemptions.  Additionally, income and capital gains tax may be payable during the administration period and must be settled before final distributions are made.

    Can I challenge the distribution of an estate?

    Yes, under certain circumstances, beneficiaries or potential beneficiaries can challenge the distribution or the will itself. 

    What should I do if I'm named as an executor in a will?

    It’s advisable to seek specialist legal advice to understand your responsibilities and the processes involved.  The costs of doing so are borne by the estate and not the Executors personally.

    What if the estate is insolvent (debts exceed assets)?

    In such cases, the estate is distributed differently, with debts and liabilities taking pre-defined precedenceIt’s essential to approach such situations with legal guidance to ensure all obligations are met and debts are paid in the correct order according to relevant laws. In such scenarios, the costs of administering the estate are still a valid expense (payable before most debts) so legal guidance and assistance can still be sought. 

    Is there a deadline for completing estate administration?

    While there’s no fixed deadline, executors and administrators should aim to settle the estate promptly. Certain tasks, such as paying inheritance tax, have specific timelines and penalties may be payable if deadlines are missed.

    How are foreign assets handled in estate administration?

    Cross-border estates can be complex due to varying laws in different jurisdictions. It’s essential to have legal support familiar with international probate matters to ensure tax and entitlement issues are properly resolved. 

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