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Probate, Wills, Inheritance, Trusts, Mid Wales

Probate, Wills, Inheritance and Trusts advice in Newtown, Welshpool, Shrewsbury, Aberystwyth, Rhayader, Llanidloes, Powys, Mid Wales

WHEN SOMEONE DIES, WHAT DO I NEED TO DO?

Click here PDF_ICON_FINAL_to_size.png to download a ‘to do’ list to help you through the initial steps. Milwyn Jenkins & Jenkins would recommend that you then contact us for further advice. Essentially, a Grant of Probate of Letters of Administration will usually be needed to deal with the deceased's estate.

Why use us?

Why use a solicitor rather than a Bank or Probate practitioner? The most important issue is the level of service and accessibility we offer at a very difficult time. You will also find that our fees are far more competitive than a bank’s normal charges. We have a wealth of experience in this and related areas including:-

  • Disputes involving estates and Wills
  • Inheritance tax planning
  • Family trusts and settlements
  • Deeds of variations
  • Office of the Public Guardian and Court of Protection issues

Where do I start with Probate?

A good starting point, whether you are the next of kin or have been appointed to act as an executor, is to come and speak to us. Milwyn Jenkins & Jenkins can help take away the stress from you. Click here to set up an appointment which will enable you to make a decision as to the next step.

We will administer and wind up the estate as soon as practicable and distribute the assets to the beneficiaries. We will act expeditiously but the estate should not be distributed until the Personal Representatives are completely satisfied that all the assets have been collected and all liabilities paid. Beneficiaries will usually wish to see matters concluded as soon as possible, but a balance needs to be struck in ensuring that the estate is properly administered in a timely fashion. However, in order to afford protection to yourself as the Personal Representative of the Estate, we would advise you against instructing us to undertake a final distribution in the Estate until at least ten months have passed from the date of the Grant of Probate or Grant of Letters of Administration.

The reason for this is that claims can be made against an Estate (eg under the Inheritance (Provision for Family and Dependants) Act 1975 Section 20(1)) up to six months from the date of Grant.

It is also essential to be satisfied that we have knowledge of any claims against the Estate (whether from potential beneficiaries or creditors). It is for this reason that we advise that an advertisement for any claims be placed in the London Gazette and local newspaper (ie local to where the deceased lived or had any property) after the six month period and, in order to save some delay, before the expiration of the ten month period. By doing this, you are then protected against any claims against any beneficiaries or creditors who may later emerge and who claim that there has been a wrongful distribution of the Estate. As a guide, it costs in the region of £200.00 to place such advertisements

How long will it take?

Straightforward and relatively small estates usually take a few months with more complicated or larger estates taking about a year or longer to finalise. If a dispute arises (see below) then there will inevitably be a delay in dealing with and finalising the estate. You need to contact us at the first available opportunity so that we can give you a realistic time scale and estimate of costs after considering the size or complexity of the estate.

What if there is a dispute?

Unfortunately, it is a reality that even at times of great sadness people can become embroiled in disputes. These can include claims under the Inheritance (Provision for Family and Dependents) Act 1975, contested Wills based on allegations of lack of mental capacity, undue influence and invalid procedure or fraud, or negligently drafted Wills with allegations of professional negligence. If you think you may have a claim, contact us for sensitive and sensible legal advice.

What about costs?

Please see details of our Fixed Costs page on the home page. If this is not a simple matter, this will have to be dealt with on an hourly basis. It is very difficult to advise how ling each matter will take and we will provide further information in this regard as soon as we have further instructions. The Probate fees is as per the You Gov link as follows:-

https://www.gov.uk/applying-for-probate/apply-for-probate

Milwyn Jenkins & Jenkins' priority at the outset is to consider what the issues are and how these are best dealt with. Where you think you may have a claim, all funding options will be looked at. These include, where there is a dispute, ‘after the event’ insurance, ‘no win, no fee’ arrangement (known as a conditional fee agreement), or paying privately.


WHO DO I CONTACT?

All of our lawyers are available to assist you in this matter.

Make an enquiry

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Rachel Mole
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Sabrina Wiltshire-Fessey

Ruth Hendry

Chartered Legal Executive Probate Practitioner and Conveyancing Practitioner

William Ransford, BA (Hons)

Solicitor / Director and Notary
Public

"The whole buying process went smoothly, I was kept up to date on a regular basis, which was really helpful. Milwyn Jenkins & Jenkins have worked for us in the past and we are always very happy with their work"
Mr Daniel Hamer, Llangurig, Llanidloes