AN ESTATE AFTER LOSS By Wendy Anderson, Partner at PM+M
Losing a loved one is always difficult, and managing their estate can feel overwhelming.
Understanding probate is not just a legal step, it is crucial for protecting both the estate and the family’s peace of mind.
Probate is the formal process of handling someone’s property, money, and possessions after death. If there’s a will, executors apply for a grant of probate to confirm their authority. Without a will, the next of kin apply for a grant of letters of administration, giving them legal authority to administer the estate.
Probate is needed when the deceased owned property, held money or shares in their sole name, or when disputes arise. Estates over around £15,000 generally require probate, though thresholds vary by bank or institution. Jointly owned assets, or estates where debts exceed assets, may not require probate, as
ownership can pass automatically to the surviving owner.
Dying without a will triggers statutory rules that typically prioritise a spouse, then children and other relatives. A grant of letters of administration ensures someone has the legal authority to manage the estate correctly. Once granted, executors or administrators handle responsibilities including closing accounts, collecting funds, paying debts and taxes, selling assets if needed, and distributing the remaining estate.
Even straightforward estates can involve unexpected complications, from tax liabilities to disputed assets, and mistakes or delays can be costly. Seeking expert advice is essential to ensure the estate is managed efficiently, obligations are met, and potential pitfalls avoided. Professional guidance gives families reassurance that the estate is handled correctly, protecting both its value and family relationships.
AVOID EXECUTOR DISPUTES THROUGH PLANNING AND
COMMUNICATION By Georgina Vokes, Solicitor at Brabners
Executor disputes are common following a death, particularly where family members such as siblings are appointed.
Longstanding personal tensions can resurface during the administration of the estate, with grief, financial pressures and differing interpretations of the deceased’s wishes often contributing to conflict.
Disagreements frequently lead to delays in administering the estate, including issues over selling or retaining property, poor communication or concerns that an executor is prioritising their own interests.
In family situations, historical rivalries or mistrust can intensify matters, particularly where someone feels excluded or believes another is exercising excessive control.
Many disputes can be avoided through careful planning. When making a will, it is important to consider family dynamics and avoid choices that could create
conflict, even when aiming for fairness by naming all children.
Appointing a professional executor, such as a solicitor, can help reduce the risk of disputes by providing independence and impartiality. Clear, well-drafted wills, supported by professional advice and open communication, also help manage expectations and prevent misunderstandings.
Where disputes do arise, early legal advice, open communication and mediation can often lead to practical solutions while preserving family relationships. If matters cannot be resolved, the court has powers to give directions, remove executors acting improperly or determine specific issues.
Planning ahead is far more straightforward and cost-effective than resolving disputes after death. Court proceedings can be stressful, time-consuming and expensive, with costs often paid from the estate itself.
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WILLS AND PROBATE
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