MG Legal Solicitors 
Longridge: 01772 783314 Garstang: 01995 602129 Lancaster: 01524 581306 Lytham: 01253 202452  

MG Legal, Leading Probate Solicitors. The team that put you first. Contact us to speak to a solicitor today: 01772 783314 or email at: wills@mglegal.co.uk 

Jargon free 

SRA Regulated Solicitors 

Decades of experience 

No upfront costs for full estates 

Out-of-hours appointments 

Expert 'Probate Solicitors near me'. 

Our Probate Solicitors offer fixed-fee probate services, with no jargon and no upfront costs for full estate administration. Our expert solicitors are specialists in dealing with Probate matters and the administration of estates, helping and supporting hundreds of clients deal with the loss of their loved ones. 
 
Our Probate Solicitors offer a complete Probate service, dealing with the estate from start to finish, or simply obtaining a Grant of Probate or Letters of Administration. 

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Home Visit Probate Solicitors 

When it comes to dealing with the estate of a loved one, we believe it's important for everyone to have access to our team of local solicitors. If you aren't able to attend one of our offices, or if you would prefer to have a chat from the comfort of your own home, our Probate Solicitors can assist with home visits available by appointment. 
 
Contact our team to discuss arranging a home visit, here
Home visit Will writing services

What is Probate? 

Probate is the legal process of proving that a Will is valid, and confirming that an Executor or Administrator is legally entitled to deal with the Estate of someone who has died. Probate actually refers to an estate of a person who has left a Will, however, the process is similar if a person has not left a Will, and therefore, quite often, both types of Estate (with and without a Will) are referred to as Probate. 
 
If a person’s Estate is worth less than £5,000, then you will most likely not need to obtain Probate. If their Estate is worth more than this, it will depend on the requirements of the individual asset holders as to whether Probate is required. If the deceased held a Property in their sole name or as Tenants in Common, Probate will be required to transfer or sell the property. 

What does a Probate Solicitor do? 

A Probate Solicitor must have excellent legal, accountancy and administrative skills, as these all play a big part in the process of administering an estate. Most of all, however, they need to be good with people, and be a supportive and kind person, who can guide you through the probate process. 
 
As Probate Solicitors, we understand the law. We understand how Wills work, how they're drafted, and we're familiar with the legal terminology used in Wills and by third party organisations throughout the Probate process. We can guide you through the process, explain the terminology, and help you to deal with all the stresses and procedures at this difficult time. 
 
Probate Solicitors are not only experts in the law applying to Probate, but are also skilled in dealing with different taxes that have to be dealt with during the administration of an estate, such as Income Tax, Capital Gains Tax, and- more commonly- Inheritance Tax. There are various matters to consider when administering an estate, and you should ensure you seek expert legal advice before taking steps to deal with any area you are unfamiliar with. 

Do I need a Probate Solicitor? 

Although Probate does not require the involvement of expert Probate Solicitors, doing Probate yourself is not something to be taken on lightly. Probate is generally a lengthy and time-consuming process, which can involve hours of administrative work spanning - usually - at least a year to complete. 
 
If the person dealing with an estate- known as the executor or administrator- makes any mistakes when carrying out this work, you could be held legally or financially responsible. The executors and administrators are entitled to seek legal advice, and pay for the costs of that advice from estate funds available. Let our Probate Solicitors take responsibility for the work, and for administering the estate correctly on your behalf. 
 
Probate Solicitors are experts in estate administration, experienced in administering estates, locating missing assets, dealing with difficult parties or beneficiaries, liaising with HMRC, and applying for all available tax reliefs. Probate Solicitors can ensure that the beneficiaries of the estate receive their full entitlement, all whilst reducing any personal risk to the executors or administrators. 

Authorised and Regulated by the Solicitors Regulation Authority 

Remember, in England and Wales, the administration of an estate is not a reserved legal activity- meaning that any unregulated providers can offer estate administration services, regardless of whether they are insured, experienced, or qualified to provide a full and proper service. 
 
MG Legal is a trading name for MG Legal Solicitors Ltd, which is authorised and regulated by the Solicitors Regulation Authority, giving you peace of mind that your estate administration matter is being dealt with by a fully regulated and insured organisation, who you can trust. 

Why choose MG Legal? 

No hidden charges and no upfront payment, as our Probate fees can be deferred and taken from the estate funds when we receive these. 

Our Probate Solicitors are available Monday to Friday, 9am to 5pm, with out-of-hours appointments available. 

Multiple office locations across Lancashire, with home visits available by arrangement. 

Expert Probate Solicitors with over 30 years' experience in administering estates, and Solicitors for the Elderly accredited. 

Stage 1 

Before submitting the application for Grant of Probate or Letters of Administration there is the important task of preparing the relevant application form, statement of truth and inheritance tax account, including dealing with payment of any inheritance tax due on the deceased’s estate. In order to complete this step, all of the assets and liabilities must be located, valued, and the inheritance tax account prepared (if applicable). 
 
This preparation can seem tedious, and can include copious correspondence with banks, building societies, mortgage companies and other organisations who the deceased held assets with or owed money to. Ensuring that this preparation is done thoroughly and correctly is key to the probate process.  
 
Our specialist Probate Solicitors are always on hand to guide our clients through this potentially complex process and ensure that they have followed up on every relevant asset. We are also here to advise our clients on the next steps.  
 
In some cases, a Grant of Probate or Letters of Administration may not be necessary; our team will always try to ascertain this upfront, so that no unnecessary costs are incurred in the administration of the estate. Whether Probate is required can depend on how much the deceased had in assets, and the bank, building society or organisation that they are held with.  
 
Especially since the COVID pandemic started, the requirements for closure of accounts for various banks has somewhat relaxed, with high street banks such as Santander and Halifax only requiring Probate if the balance of the deceased’s accounts exceeds £50,000. If the amount is less than this, they will usually require the executor (under the Will) or Administrator (if there is no Will) to sign an account closure form, which incorporates a statutory declaration. 

Stage 2 

The next step in the process involves making the official application for the Grant of Probate or Letters of Administration, and completing any associated Inheritance Tax forms, including calculating the inheritance tax to be paid as part of the estate.  
 
At this point in the process there can be delays with the Probate Registry, but our specialist Probate Solicitors go above and beyond with our clients to ensure that all of the forms are completed and filled out correctly, without any mistakes, in order to avoid any unnecessary delays. Our Probate Solicitors know these forms like the back of our hands, and are always on hand to assist any of our clients with them, whether over the phone or in our Probate Solicitors’ offices. 

Stage 3 

The third and final stage to the probate process, which comes after Probate or Letters of Administration has been granted, is the collection of assets and payment of liabilities and distribution. This part of the process can be complicated without the help of our specialist Probate Solicitors. 
 
At this stage, you must have identified:- 
 
a. The assets 
b. Any liabilities (including credit cards, utilities, mortgages, etc) 
c. Beneficiaries 
 
Here at MG Legal, our specialist Probate Solicitors compile detailed information about the above for our Probate clients, so that we are ready to proceed with distributing the assets once final estate checks have been carried out. This allows the Executor to sit back and relax, with our Probate Solicitors undertaking all the work, keeping our client update with regular contact and updates on the Probate process. 
If you are looking to navigate through the Probate process as quickly as possible, and prevent any unavoidable delays, then our experienced team of specialist Probate Solicitors are here to help. Whilst we cannot control any delays out of our hands, such as those caused by the Probate Registry, we can help to prevent any delays caused by mistakes and missing information, and handle the task of following up on any delays on behalf of our valued clients. 
 
To learn more about our Probate Solicitors, and speak to a probate professional within one working hour about how we can help with your Probate related matter, simply contact us online, here, or call us on 01772 783 314. 

Learn more about Probate 

If the value of the deceased’s estate is less than £5,000, then, generally speaking, Probate will not be required for the estate. 
 
This is just an estimate, and the threshold for when probate is required can vary depending on the bank and financial organisation used by the deceased. Each has it's own regulations on how much money can be related without a grant of probate. 
 
Further, if the deceased held property in their sole name or as Tenants in Common, probate will be required to transfer or sell the property. 
 
If you are looking to decipher whether or not the estate that you are dealing with will need the assistance of a specialist Wills and Probate solicitor to apply for a grant of probate, then get in touch with MG Legal’s fully-qualified probate solicitors today, here. 
In brief, the main difference between an Executor and Administrator is that Executors are appointed by the deceased to deal with their Estate, under their Will. Administrators are usually appointed by the Court (by making an application for Letters of Administration), based on their relationship with the deceased. It is important to note that if the deceased’s named Executor or Executors are unable or unwilling to act for whatever reason, for example, if they have predeceased the deceased person in question, an Administrator would need to be appointed. 
 
Collectively, Executors and Administrators are referred to as Personal Representatives. The Personal Representatives are the people responsible for identifying and collecting in the deceased’s assets and making payment of any debts that the deceased had, and then distributing the remainder of the Estate according to the terms of the deceased’s Will, or under the Rules of Intestacy. 
Unfortunately, our Probate Solicitors are here to let you know that there is no fee that can be paid, or person that you can go to, to fast track your way through the probate process. Our Probate Solicitors know that the process can seem long and tedious, but we work hard to ensure that it is as stress-free as possible for all our clients. While there is no way to fast track your way through the probate process, our specialist Probate Solicitors know exactly how to navigate through each stage of the potentially complex process. 
 
We ensure that our clients are prepared in every way, so that everything goes smoothly.  
 
The only cases in which Probate can be expedited is when a contract for sale or purchase has been exchanged on a Conveyancing transaction. 
A person’s Estate is made up of all of their assets (usually those held in their sole name, or their share of any jointly owned assets held as ‘Tenants in Common’. This is known as a person’s ‘gross estate’. You take this total figure, and take off any outstanding debts and other liabilities, including funeral costs after the person has died. This figure is the ‘net estate’. 
 
An Estate can including all of the following assets: 
 
Property and Land, including rental property, shares held in any property and a person’s main residence 
 
Investments 
 
Bank Accounts, Savings Accounts and ISAs 
 
Art work, such as paintings and prints 
 
Personal Chattels, such as household contents 
 
Digital Assets, such as Bitcoin, music, film collections, publishing IPs 
 
Books and book collections 
 
Our Probate Solicitors would point out that any assets held jointly with another person do not usually form part of the deceased’s Estate as they will usually pass automatically to the surviving owner. 
When our expert Wills Solicitors are drafting Wills, we would generally suggest appointing at least two Executors, and up to four. Alternatively, you could appoint one Executor, with a replacement or replacements. This is because, if you only have one Executor, and they are then unable to act, and you have not named any replacement, this clause of your Will would fail, and someone that you have potentially not chosen would need to step in as the Executor. 
 
If you decide to appoint four Executors, you may wonder whether they would all need to act: they do not. If one (or more) of the Executors do not want to act, the remaining Executor (or Executors) could apply for Probate with power reserved to the Executors who are not applying. This means that the other Executors who are not applying could act in the future, if they needed to, but they will not be making the application for now. The other way that an Executor could apply without the others, if the others are in agreement and do not want to act, would be for them to renounce their entitlement to act as an Executor. This requires a specific legal form to be signed, and the Executors who are renouncing cannot have already ‘intermeddled’ with the Estate. 
 
For more advice on applying for Probate, or not acting as an Executor if you have been named in someone’s Will, contact our expert team of Wills and Probate Solicitors online, or contact your local office. 
Yes. If someone is due to inherit from the estate, but wanted to change their share, the people entitled to inherit could all agree to vary the inheritance. This is usually done through a Deed of Variation. 
 
A Deed of Variation could even be put in place to benefit people who wouldn’t usually receive something from the estate, such as a partner or friend. 
 
How much does a Deed of Variation cost? Our Probate Solicitors fees for Deeds of Variation can be found, here
Quite often, when a loved one dies, they will have a life insurance or assurance policy that needs to be dealt with. This policy could potentially pay out a significant sum of money. A common misconception is that the policy forms part of the deceased’s estate, and must be used towards the payment of testamentary expenses, liabilities and funeral costs, before being distributed to the beneficiaries under the deceased’s Will (or the rules of intestacy). 
 
Generally, life insurance does not form part of the deceased’s estate, although this could well depend on how the policy was written. Typically, policies are written into trust so that, on the policy holder’s death, the proceeds are paid out to a named beneficiary or beneficiaries. When our expert probate solicitors are taking instructions from our Will clients, we usually discuss with them whether they have an insurance policy and whether they are aware of how this pays out or any nominations in place. We suggest that, if they are not, they look into this to ensure that the policy can be easily dealt with on their death. 
A common form of life insurance policy held by many homeowners, whose property is subject to a mortgage, is to cover the mortgage, in the event of their death before the loan is repaid. If this is the intention behind the policy, the proceeds of the policy may be used to cover any remaining loan, leaving a larger sum to be distributed to the beneficiaries (and, also, potentially a larger sum liable to Inheritance Tax). Any surplus proceeds of the policy once the mortgage has been repaid may either pay to the deceased’s estate, or to a named beneficiary. 
 
If you are dealing with your loved one’s estate and you need to deal with a life insurance policy, you should speak to the policy provider to check how any proceeds should be used or distributed. Whether a Life Insurance policy forms part of a person’s estate can therefore depend on how the policy is written and you should therefore take steps to ascertain this as soon as possible in the process of administering your loved one’s estate. If you need any guidance on what steps you need to take, contact our expert Probate solicitors online, here. 
If you are dealing with the Estate of a person who has died, either as the Executor or Administrator, it will be your responsibility to ensure that all assets and liabilities of the deceased are dealt with. 
 
You may be aware of all of their assets and liabilities, for example, if the deceased left a list, or if you were an Attorney for the deceased during their lifetime and therefore dealt with their finances. If this is the case, you may not be worried that there are any assets or liabilities that you are not aware of. 
 
However, if you are an Executor or Administrator who is not fully aware of the deceased’s assets and liabilities, or you are dealing with a person’s Estate and you know nothing about their finances, you may wonder how you can protect yourself and make sure that you deal with everything that you possibly can. 
In these circumstances, our Probate Solicitors would recommend two different options, which we have discussed, below. 
1. Financial Asset Search – a Financial Asset Search can be carried out against the deceased, which should show details of any assets that they held. For example, bank accounts, building society accounts, life and pension funds, Unit Trusts, Investment Trusts and Occupational Pension Schemes. Our probate experts would usually carry out the search through Landmark (https://www.landmarkfas.co.uk/financial-institutions/), however, other organisations may be able to offer a search package. 
 
2. Section 27 Notices – Section 27 of the Trustee Act 1925 provides that if the personal representative (also called the executors or trustees) of an estate places a notice of their intention to distribute the estate in the London Gazette and in a newspaper local to the place where the deceased owned property (or, indeed, ran a business), then the personal representative may distribute the estate free from any claims of which they have NOT been notified. 
 
Section 27 of Trustee Act 1925, sets out a minimum of two months from the date of publication of the Notices, during which any creditors should contact executors (or their representatives). 
 
Any such creditors or beneficiaries can still follow the assets into the hands of the beneficiaries receiving them on distribution and claim against them personally, however, as executors, you would be protected from being liable for any unidentified creditors that may come about in the future. 
 
In the event that you decide not to place Section 27 Notices, and a creditor comes forward after the estate has been distributed, you may be personally liable for the debt. We would therefore strongly recommend that you consider placing these notices. If you wish for us to place Section 27 Notices on your behalf, as executors, please do let us know. If you are happy to proceed without these Notices, you do not need to do anything further. 
 
Section 27 Notices do come at any additional cost, which is usually in the region of £200.00 to £400.00 plus VAT. This disbursement can be claimed back from the estate. 
 
If you want assistance with carrying out a Financial Asset Search or with placing Section 27 Notices, you can contact our team of expert Wills, Trusts, Tax and Probate Solicitors online, here, or via email to wills@mglegal.co.uk
If there is a house or property that is owned in the sole name of the deceased person, or as Tenants in Common with another person, then you will need to obtain probate in order to sell the property. In order to obtain a grant of probate properly and prevent mistakes being made, simply contact our probate solicitors today to see how we can help. 
Currently you do not need to be legally qualified to apply for Probate, and therefore if you do not wish to instruct a solicitor to assist you with the application, you do not have to. 
 
However, there are a number of risks involved with this, and advantages of ensuring that you have an experienced legal professional to assist you with the application: 
 
 
1. Making sure that the application is correct – understandably, many people will never have to complete an application for Probate in their entire lifetime. And for those that do have to, many would agree that it can be a difficult application to understand. It’s important that the deceased’s Estate is finalised properly and correctly, and therefore, it can be better to instruct a legal professional who has years of experience with drafting the applications, to prevent there from being issues which have to be corrected later down the line. 
 
 
2. Less stress – again, many people who have dealt with the probate application themselves can confirm that, unfortunately, it can be a very stressful and lengthy process. By instructing an expert probate solicitor, you are reducing the stress that you will feel, and ensuring that you have expert knowledge and assistance throughout the application process. 
 
3. Preventing issues down the line – by instructing a solicitor at the start of the matter, who can assist you with the application for probate, you could prevent there from being any costly issues further down the line. For example, at MG Legal, we have previously been approached by clients who have submitted the application themselves for probate but have then faced an issue. Our team helped them to correct the issue, however, this incurred additional costs which would have been avoided had our expert team been involved from the start of the application. 
When our expert Wills Solicitors are drafting Wills, we would generally suggest appointing at least two Executors, and up to four. Alternatively, you could appoint one Executor, with a replacement or replacements. This is because, if you only have one Executor, and they are then unable to act, and you have not named any replacement, this clause of your Will would fail, and someone that you have potentially not chosen would need to step in as the Executor. 
 
If you decide to appoint four Executors, you may wonder whether they would all need to act: they do not. If one (or more) of the Executors do not want to act, the remaining Executor (or Executors) could apply for Probate with power reserved to the Executors who are not applying. This means that the other Executors who are not applying could act in the future, if they needed to, but they will not be making the application for now. The other way that an Executor could apply without the others, if the others are in agreement and do not want to act, would be for them to renounce their entitlement to act as an Executor. This requires a specific legal form to be signed, and the Executors who are renouncing cannot have already ‘intermeddled’ with the Estate. 
 
For more advice on applying for Probate, or not acting as an Executor if you have been named in someone’s Will, contact our expert team of Wills and Probate Solicitors online, or contact your local office. 
Our Probate Solicitors often get asked this question and the answer is a simple one: yes, you need to make sure that the deceased’s property is insured. 
 
If the deceased already had home insurance, many would assume that this policy can just be left in place until the house is sold. However, with some home insurance policies, the cover would automatically end if the owned or occupier is no longer alive. Therefore, it’s important to contact the insurance provider to check whether the policy is sufficient to cover the house until it is sold. 
 
Alternatively, you can cancel the home insurance policy and take out an unoccupied property insurance policy. Our Probate Solicitors have details of a policy provider that they have previously used, which they can set up for you when you instruct them in relation to dealing with your loved one’s Estate. Alternatively, you can find your own insurer online. 
 
The next question we are often asked is whether it matters if the policy covers the contents of the property. Well, if the property has been emptied and all that remains is the main structure, such as the walls, kitchen units and bathroom, you may wish to highlight this to the insurance provider; they may then suggest a building cover only policy. 
 
If, as the Executor, you do not insure the property and something were to happen to it, you may be liable to the Estate for the damage caused. As you can imagine, this is not something that you want to be covering out of your own pocket. 
When a person dies leaving property abroad, you should seek legal advice from a Probate Solicitor, as what will happen to it may depend on where the person lived prior to their death, and how the property is owned (i.e. with another person or in the deceased’s sole name). Quite often, the laws of the country where the property was owned will dictate what will happen to it. 
 
You may find that it will pass to the deceased’s family, such as a spouse or children, or it may pass under their Will in that country (if they made one). You may wish to consult a solicitor (or equivalent) in the country where the property is owned to find out what you need to do if your loved one has died. Alternatively, if you have just purchased or you are looking at purchasing property in a foreign country, you should speak to a lawyer in that country to discuss making a Will. 
 
Remember, it is always a good idea to have a Will in this country, too, if you still have ties to this country (even if it is so much as shares invested, a bank account, a car, or any personal possessions) to help make life as easy as possible for your loved one’s after your death. You can contact our expert Will drafting solicitors online, here, or via email to wills@mglegal.co.uk to enquire about making a Will. 
One common misconception by our clients who use our will writing service is that if they make a will, their executors won’t need to apply for probate after they are gone. This is not the fact, and whether or not a will is in place is not the deciding factor in whether or not probate is required. 
 
Instead, it is the overall value and size of the estate, and the requirements of the banks or financial institutions with which you hold your money and affairs. 
 
Still, when you work with our probate solicitors, they have expert knowledge on all aspects of the processes involved, and can offer tailored advice on what the process may be for your specific estate, and how best to prepare for your loved ones to be able to handle your estate. To arrange a meeting with our specialist wills and probate solicitors, simply get in touch online, here, and hear back from an expert the same working day. 
A Larke v Nugus request originates from a case of the same name, whereby the Court of Appeal confirmed what action should be taken when a professional Will writer receives a request for information about the preparation and execution of a Will made by one of their clients. 
The Treasury Solicitor is tasked with dealing with estates which have passed to the Crown. The Crown can make grants from the estate of a deceased person, but is under no obligation to. If you think that you have a good reason to apply for a Grant from the estate of a deceased person, speak to our team of Probate Solicitors about whether you may have a claim. 
An adopted person has the same rights as though they were born into the adoptive family. Therefore, they lose any rights that they may have previously had over the Estate of someone from their birth family. Similarly, the birth family cannot make a claim against the Estate of a person who has been adopted, only their adoptive family have any rights. 
Expert Probate Solicitors in England and Wales: 
No matter where you are located across England and Wales, MG Legal's expert Probate Solicitors are here to help you to achieve the best possible outcome in your legal matter. 
 
To speak to a solicitor today, contact us online here. Or give us a call on 01772 783314 
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