Estate solutions: Grant, Trusts and Property

What is this?

We can obtain the Grant of Probate on behalf of the named Executor, if there is a Will or Administrator, if there is no Will. This allows the Executor or Administrator to collect in funds, pay any outstanding debts and then distribute and/or transfer the assets to the beneficiaries.

If the deceased's Will contains a Trust of Property or a Nil Rate Band Discretionary Trust, these types of Trust need formalising to protect the interests of the ultimate beneficiaries. If the deceased solely owned property and this is to be transferred to beneficiaries, we can assist by preparing the paperwork. 

We will:

• Ask the Executor or Administrator to complete a Fact Find, which will ask for key information about the deceased's assets and debts at the date of death.
• Use the Fact Find to prepare the paperwork for the Probate Registry and HMRC (as necessary) for signature.
• Submit the application to the Probate Registry and once received, send the Grant of Probate to the Executor to complete the process.
• Where the deceased's solely owned property is to be transferred to the beneficiary(s), we will prepare the paperwork. Where a Declaration of Trust is required or if the property remains unregistered, we will prepare the Declaration of Trust to confirm ownership of the property and register the property with the Land Registry. 
• Where there is a property Trust, we will liaise with the appointed Trustees in the Will about the terms of the Trust. We will transfer the deceased's share of the property into the names of the Trustees at the Land Registry. We will also prepare a Declaration of Trust; this document confirms the ownership of the property.
• Where there is a Nil Rate Band Discretionary Trust, we will advise the Trustees of the options available to them to deal with the Trust and prepare the necessary paperwork to effect their instructions.