Our Wills, Trusts, Tax And Probate Solicitors Explain The New Probate Application
Posted on 17th June 2020
When a person dies, quite often, their Personal Representatives will be required to make an application for Probate. If the deceased left a Will, normally their named Executors will be able to apply for a Grant of Probate; these Estates are known as Testate. If the deceased did not have a Will, their Administrators will be able to apply for Letters of Administration; these Estates are known as Intestate. The Administrators will usually be those who are entitled to the deceased’s Estate under the Rules of Intestacy.
You can read more about the difference between Grants of Probate and Letters of Administration in our Wills, Trusts, Tax and Probate Solicitors in Preston’s blog, here. For the purposes of our Probate Solicitors in Preston’s blog now, the entitled people will be referred to as ‘Personal Representatives [PRs]’, and the Probate applications are called ‘Probate’.
As many of our previous Probate Solicitors’ clients will know and, indeed, those PRs who have decided to make the application for Probate themselves, the Probate application previously included Inheritance Tax Forms and a Statement of Truth.
If the deceased had an Estate which was subject to Inheritance Tax, usually a full set of Inheritance Tax accounts will need to be submitted to HM Revenue and Customs prior to the application for Probate being submitted to the Probate Registry. If the deceased’s Estate was under the threshold for Inheritance Tax, which you can read about in our Probate Solicitors in Preston’s blog, here, usually an IHT205 Form would need to be completed.
The Statement of Truth differed depending on whether the Estate was Intestate or Testate, however both Statements included information about the person who had passed away and their Estate.
Recently, these Statements of Truth have been changed again. The new application for Probate is in the format of a Probate application form. Again, there are different forms depending on whether the deceased did or did not leave a Will. In addition, there are different forms for PRs dealing with the application themselves, and those dealing with the applications with the assistance of Wills, Trusts, Tax and Probate Solicitors.
In today’s blog, our Probate Solicitors in Preston have discussed the information required for the new Probate application forms, where you can find copies of these forms, and how to instruct our expert team to assist you with your application for Probate.
How to find the Probate Application Forms
If you are hoping to deal with the application for Probate in person (so without the assistance of Probate Solicitors), you can find the forms using the links, below:
Apply by post, if the deceased did not leave a Will
Apply by post, if the deceased did leave a Will
If you need to complete any of the supporting forms referred to in the applications above, you can find these on gov.uk, here.
When our team of Wills, Trusts, Tax and Probate Solicitors make the application for Probate on your behalf, we use a different form to make the application. These forms would be used by all Probate Solicitors for any Probate applications.
What information is included on the Probate Application Forms?
Most of the information that needed to be included in the previous Statements of Truth is included in the new forms. However, the format has been changed to make the application form more user-friendly, and to help the Probate Registries to process the information more easily. As with all things now-a-days, the Probate Registry appear to be making a conscious effort to move into the 21st Century.
The new forms include the following sections (depending which form you need to complete for your application):-
1. Personal Information about the applicants (i.e. the Personal Representatives). There can be up to four applicants for each Estate.
2. Information about the person who has died, including information from their death certificate, their last address, and their relatives.
3. Information about the deceased’s relatives. This includes information about their children, civil partner or spouse, and grandchildren. Legally adopted children would be taken into account in this section, too. If there are no surviving relatives listed above, information will be required about remoter relatives, such as grandparents, brothers and sisters, and nieces or nephews of the deceased.
4. The details of the Attorney (if an Attorney is making the application on behalf of someone else who is entitled to apply for Probate).
5. Foreign Domicile. This includes information about the deceased’s Estate and where they were domiciled.
6. Details of the person’s Estate taken off the Inheritance Tax forms.
The final section is the legal statement, where the person applying for Probate makes a declaration.
Instructing our team of Wills, Trusts, Tax and Probate Solicitors to make the application for Probate
Our expert team of Probate Solicitors have over 15 years’ experience making Probate applications on behalf of the PRs of an Estate. As our Wills, Trusts, Tax and Probate Solicitors team keep up-to-date with changes to Probate applications and developments with HMRC and the Probate Registry, we’re always able to advise our Probate clients on the best way to proceed with applications, and what information you will need to include.
We offer an excellent fixed-fee for dealing with applications for Probate where no inheritance tax accounts are required to be produced; at just £550.00 plus VAT*, the whole application will be dealt with on your behalf, with guidance and support offered to you throughout the, already difficult, time in your life.
But, don’t just take our word for it; read our excellent 5-star reviews online, here, or check out the reviews for your local office on Google, here.
To instruct our team of Probate Solicitors in Preston, contact the team online, here, or email firstname.lastname@example.org for a call back within one working hour. If you live in Lancaster, you can contact our team of Wills, Trusts, Tax and Probate Solicitors at your local office, here.
A member of the team will give you a call back within one working hour to discuss your probate application, at no cost. Once you’ve had a chat, if you require our further assistance with the application for Probate, our team will arrange a full consultation to take all the information required for Probate. Don’t worry, though; if you don’t have any of the information to hand during the full consultation, you can get back to us with this later.
So, don’t worry about completing the application yourself. Our team of Probate Solicitors are here to assist.
*Prices correct as of February 2021.
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