The Probate Process in England and Wales
When someone dies in the UK, a legal process has to be followed. This process is known as Probate, and is undertaken by the Executor named in the Will or the Administrator (the next of Kin) when there is no will.
Whilst differing states in Australia have different probate processes, in England and Wales there is just one probate process which is administered by our Probate Court (the equivalent to Australian State Supreme Courts) called the Probate Registry.
It is important to appreciate that Scotland has an entirely different legal system to England, and as such the probate process is known as ‘confirmation’ in Scotland.
The terminology is exactly the same in England, with the Courts issuing a Grant of Representation, which is called a Grant of probate when there is a will or a Grant of Letters of Administration, if the person has died intestate.
Unlike in Australia Inheritance Tax (commonly referred to as Death Duties) still exists with tax charged at 40% on assets that exceed £325,000. Although, various exemptions and reliefs are available, for example no tax is charged for assets passing between spouses.
Typically, the probate process takes between 3-4 months in the UK although times do vary depending on the size of the estate and assets to be collected.
Need help collecting UK assets?
If you need help assistance with Resealing probate, please contact Tim Murden. He can be contacted via e-mail direct by clicking here, or at 00 44 1482 638 564.