Handling the affairs of a loved one when they die is never easy. succession is one of the many things he will have to deal with.
what is succession?
The succession is the entire process of managing the estate of a deceased person. This involves organizing her money, assets and possessions and distributing them as an inheritance, after paying taxes and debts.
If the decedent has left a will, they will appoint someone they have chosen to manage their estate. this person is known as the executor of the will.
what is a grant of succession?
Before they begin, the executor must apply for a grant of probate, a legal document that gives them the authority to deal with the decedent’s property.
The succession ends once all taxes and debts have been paid and the entire estate has passed.
This guide is here to help you through the probate process. We’ll explain how the estate works, how long it takes, and how much it costs. We have also put together a list of frequently asked questions that may help you further.
- How does the succession process work?
- How long does succession take?
- How much does the estate cost?
- Who can request succession?
- Can it be legalized if there is no will?
- Can I contest someone’s will?
- Can a will be changed after death?
- What rights does a beneficiary have?
- gather full details of the assets and debts of the estate
- request the granting of succession (permission to administer the estate and transfer the inheritance)
- complete an estate tax return and pay any tax due
- receives a legalization grant
- pay any of the decedent’s outstanding debts
- distribute the rest of the inheritance according to the instructions left in the will.
- judge how much work is involved based on your requirements and the size of the estate
- give you an estimate of our fees before we start any work
- always try to quote a flat rate cost, if possible, for peace of mind.
- the will has been forged
- the decedent had reduced mental capacity when writing his will
- the decedent was under undue influence in writing his will
- was financially dependent on the deceased and the will does not provide for it (as required by inheritance law).
- instead, give specific assets to different people
- give away all your right
- reduce inheritance tax
- Use your inheritance to establish a trust for your family.
how does the succession process work?
Every estate and every will is different. The exact probate process may vary depending on the instructions left in the will and the assets, creditors and beneficiaries of the estate.
the basic process for an executor is:
Probate can also be complicated if there are disputes between the executor, beneficiaries, creditors or hmrc.
Our attorneys can advise or help with any stage of the succession process. we can help you if disputes prevent you from progressing or we can even take over your duties as executor entirely.
Call 0370 1500 100 or fill out an inquiry form for more information.
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how long does the sequence take?
This will take about a year for most estates. the exact amount of time will depend on the size and complexity of the estate.
international succession can be more complicated and usually takes between six months and two years.
Disputes can sometimes arise during the probate between the executor, the beneficiaries, the creditors or the tax authorities. these disputes can delay the administration of the estate.
Our disputes team can help resolve any issue you’re facing, contact our team today to discuss your situation with an expert. call 0370 1500 100 or email us and we will call you back.
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how much does the succession cost?
We offer a highly personalized service for each of our clients. the cost will depend on the amount of work you want us to do.
When you talk to someone on our team, we:
Visit our pricing page for a breakdown of our probate fees. If you want to talk about your situation, call us on 0370 1500 100.
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Who can request succession?
Only the executor named in the deceased’s will can apply for succession to administer his estate.
If you have been appointed executor but do not wish to manage the estate yourself, we can apply for the estate on your behalf.
If someone dies without a will, they are said to be intestate. the intestacy rules will say who can apply to manage the estate for you.
Read the next question to find out what you can do if a loved one doesn’t have a will.
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Can it be legalized if there is no will?
You cannot get a probate grant if there is no will, but you can still manage the estate and distribute the inheritance through a slightly different process.
The intestacy rules establish who can apply to manage the estate with a management grant. without a will that decides how to transfer the property, the administrator distributes the inheritance according to the rules of intestacy. only spouses, civil partners, children and other close relatives can inherit under these rules.
Visit our page on intestate rules and probate administration for more information. You can also call us on 0370 1500 100 and we can advise you on how we can help you.
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can I challenge someone’s will?
You may be able to contest or contest a will if you believe it does not accurately represent the decedent’s intentions with respect to their estate, or because you believe it is invalid for other reasons.
You can contest a will if:
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Can a will be changed after death?
You can change a valid will, but you can only change the part of the inheritance that has been given to you. for example, you could:
To do this, you’ll need to apply for a document called a variance deed or family arrangement deed.
Changing a will after someone dies can be a complicated process. contact our probate solicitors on 0370 1500 100 if you need advice and we can guide you through the process.
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what rights does a beneficiary have?
A beneficiary is someone who should receive an inheritance from an estate.
If you are a beneficiary in a will, you will have certain beneficiary rights that the executor of the estate must follow.
If the decedent has left a valid will, the beneficiaries of his estate will be named in the will. if there is no valid will, the beneficiaries will be chosen according to the intestacy rules.
Beneficiaries have the right to information during the succession process. It is the responsibility of the executor to keep the beneficiaries informed about the progress of the administration of the estate. must keep accounts of the estate and show them to beneficiaries when requested.
Beneficiaries can take legal action against an executor if they violate these rights or if the executor is mismanaging the estate.
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contact us
To find out more about how our probate solicitors can help you with probate administration and related matters, call us on 0370 1500 100 or contact us online and we’ll call you back.
