Probate is the legal document and a Court Order which gives the authority to an Executor of a Will to deal with and share out the Estate of the person who has passed away, according to the instructions in the Will. At P.A. Duffy & Co., our expert solicitors will be able to help with the granting of probate, granting of the letters of administration, administering of the estate and any contentious probate.
How we can help
Our private client team pride themselves on providing invaluable advice in a professional and compassionate manner. Our team will be able to walk you through the process of granting probate and provide legal advice that will properly reflect the interests of the deceased.
Our legal team will allow you to make the right decisions which will truly reflect the interests of the deceased. The processes that come along with probate can be very complex. Our team will guide you through complex areas including:
Applying for a Grant of Probate
The administration of an Estate
Applying for Letters of Administration
What if there is no Will?
In the absence of a Will, you will be required to apply for a Grant of Letters of Administration, granting you equivalent rights and responsibilities to manage the Estate of a deceased individual, similar to a Grant of Probate.
How do you Administer an Estate?
Within the probate procedure, the appointed executor of the Will must undertake the task of identifying the assets and liabilities of the deceased. This is a crucial step in determining the estate's overall value. Subsequently, the executor must validate the rightful heirs of the deceased's estate and acquire the requisite documentation for the purpose of transferring assets to the designated beneficiaries.
If there is no Will, the closest living relative is responsible for managing the inheritance in accordance with intestacy legislation. These rules also specify the individuals eligible to inherit from the Estate.
What is the threshold for probate?
Financial institutions often require a Letter of Administration or Grant of Probate to release the deceased's assets and funds. It's worth noting that the Probate threshold can vary among financial institutions, so it's crucial to reach out to the relevant parties.
When dealing with land and property is a Grant of Probate/Letters of Administration will be required.
Our expert solicitors at P.A. Duffy & Co. are available to provide comprehensive assistance throughout the entire process.
What is the threshold for inheritance tax in Northern Ireland?
For Inheritance Tax there is a limit put in place, known as the ‘Nil Rate Band’ which is currently set at £325,000. If a deceased person is passing on their Estate which is below this limit, they pay no tax as the rate is set at 0%. However, if the deceased person’s Estate is anything above this £325,000, the Inheritance tax rate is usually 40% (subject to various exemptions and reliefs available).
How long does probate take in Northern Ireland?
In the event a Probate is not complicated, the process can be expected to take around 6 months, however, if the Estate is much larger and more complex, it could take longer.
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