|
|
Online Probate Application Service
Welcome to our Online Probate Application Service.
From £350 + VAT
This Application Service may be used only for deaths which have occurred
within England and Wales.
We believe our cost effective online Probate
Application Service will provide a quick, easy, cheap and efficient way for you
to obtain a Grant of Probate or Letters
of Administration.
By viewing our site, it is highly probable that you have recently suffered a
loss and we offer our sincere condolences. The last thing you need on suffering
a loss is to have to deal with complex legal problems and forms. We would like
to help you at this difficult time by offering you assistance through our Online
Probate Application Service.
What do I do next?
You will need to download or complete a form online. In order to help you fill
in the form, we have provided a checklist of the documents you will need. Please
click on this link: Checklist
of information required to complete application forms.
1) Please choose one of the options below: For explanation of the terms used,
please press Help and Information.
If there is a Will please click one of the options below:
Grant
of Probate
Letters
of Administration with Will Annexed
If there is no Will please click here - Letters
of Administration
You will be asked a series of questions about the person who has died ("the
deceased") and the deceased's assets and liabilities (their Estate). We do accept
that some of the questions are quite complex, but can assure you they are far
less complex than the official forms themselves.
2) Send the completed form to us. Contact
us.
3) Sharon Piper, Head of our Probate and Trust department, will send you all
the necessary paperwork to be signed and sworn by you.
4) You must check the form and then take it to a solicitor to swear.
When signing the paperwork you will be asked to swear under Oath
(or affirm) that the information contained within the documentation is correct
and true.
5) Return sworn document to us together with your cheque for our charges
and other fees required.
When you return the signed and sworn paperwork (with payment) to us, we will complete
the necessary Inland Revenue Application Form on your behalf and submit the Grant
of Probate or Grant of Letters of Administration
to the Probate Registry who should process the application within two to three
weeks. It will not be necessary for you to attend the Probate Registry for any
interviews.
6)We will send the registered document to you as soon as it is received by us.
Charges.
Our charges on all Estates which are below the Inheritance
Tax threshold are £350.00 plus VAT. Other
fees that will need to be paid are as follows:
Fees.
Oath fee
£7 for each Executor (where there is a Will)
£5 for each Administrator (where there is no Will).
This fee should be paid to the solicitor witnessing the oath.
Probate Registry fees - £40 plus £1 for each copy of the Grant
that is requested.
This fee should be added to our £350 plus VAT charge.
PLEASE NOTE: Terms and conditions.
Our online service is only intended to deal with estates whose gross value does
not exceed the current Inheritance Tax threshold.
On any Estates which exceed the Inheritance Tax threshold, we can provide you
with a fixed costs' estimate for completing the full Inland Revenue Account and
the Oath to lead to the Grant of Probate/Letters of Administration. Please telephone
Sharon Piper on 01288 35 9000 and she will be happy to provide
you with a costs' estimate.
By using our online service you are only asking us to prepare the appropriate
papers based on the information you have provided. We will not check the accuracy
of the details you provide. We are not offering advice, nor are we administering
the Estate once the Grant is available. We are of course very happy to provide
you with advice and assistance regarding the administration of the Estate. Should
you require our services then our fees will be calculated in accordance with
our usual hourly rates.
By using our online service and completing and sending us the appropriate questionnaire,
you agree to pay £350 + VAT plus appropriate fees on receipt of the completed
Inland Revenue Application form.
HELP AND INFORMATION.
Click here for
CHECKLIST OF INFORMATION
REQUIRED TO COMPLETE APPLICATION FORMS
DOMICILED: There is no precise or agreed
definition of domicile. Broadly speaking, under English Law, you are domiciled
in the Country in which you have made your permanent home. Domicile is separate
from other connecting factors such as nationality or residence. So, it is possible
to be a national of the UK, resident (say in Spain) but domiciled (say in Jersey).
However, nationality and place(s) of residence will be relevant factors to consider
when ascertaining your permanent home.
HOUSEHOLD GOODS: Please insert details of the
total value of the household and personal goods owned by the deceased at the date
of his or her death. When working out the total value of the household goods,
you need to value the goods at the price which the goods might reasonably be expected
to fetch if sold in the open market (ie their second hand value). Some of the
goods may have no value and you need to consider whether this is the case.
INHERITANCE TAX THRESHOLD: The current Inheritance
Tax Threshold is £300,000 (or £1,000,000 where only the wife or husband inherits).
Please note: The Inheritance Tax threshold will rise to:
£312,000 in 2008/2009
£325.000 in 2009/2010
£350,000 in 2010/2011
INSURANCE POLICIES: There are many different
types of life insurance policies including "With Profits" policies and "Mortgage
Protection" policies. If you are not sure of the value of any of the deceased's
insurance policies, we would suggest that you contact the insurance company in
question and ask them to provide you with a valuation of the policy as at the
date of the deceased's death.
The deceased may have been entitled to benefit from a life insurance policy that does not pay out following their death. Even so, the deceased's interest in the policy is part of their Estate. Common examples of this are where the Policy is held in the names of two or more people and only pays out on the death of the last of the lives assured. These are often described as "Joint Life and Survivor" policies. Another example is where the deceased will benefit from the policy when another person dies. Again, if you have any doubts, we would suggest that you contact the insurance company and ask them to clarify matters for you.
LEXCEL: Lexcel stands for "legal excellence" and
is the Law Society's practice management standard. It is a scheme for any type
of practice to certify that certain standards have been met following independent
assessment. The Lexcel practice management standard is only awarded to solicitors
who meet the highest management and customer care standards. Lexcel accredited
practices undergo rigorous independent assessment every year to ensure they meet
required standards of excellence in areas such as client care, case management
and risk management. Only a small percentage of solicitors in the UK hold this
quality standard.
OATH:
"How do I swear an Oath?"
When we have received your application form, we shall prepare the relevant papers
to lead to the application for the
Grant of Probate
or Grant of Letters of Administration
or Grant of Letters of Administration with Will Annexed
as appropriate.
One of the documents to be prepared by our firm will be the Oath document. The Executors/Administrators in the estate will need to swear the Oath prior to the Oath document being sent off to the Probate Registry in connection with the application for the Grant of Probate/Grant of Letters of Administration/Grant of Letters of Administration with Will annexed. Our firm will provide you with the necessary instructions regarding the swearing of the Oath when we send the paperwork to you.
You will be required to swear the Oath in the presence of a Solicitor/Commissioner
for Oaths local to you. You can contact any firm of Solicitors in any office in
your locality and ask to make an appointment for you to swear the Oath once you
receive the Oath document from us. Once you have made the appointment with the
Solicitor's office in question, you will take the Oath document with you together
with a cash fee which is payable to the Solicitor/Commissioner for Oaths who is
carrying out the swearing procedure for you. The cash fee will be £7.00 for each
Executor and £5.00 for each Administrator.
When swearing the Oath, you will be asked to hold the New Testament (or if you
are a Jew, the Old Testament) in your right hand and the Solicitor/Commissioner
for Oaths will then ask you to say or repeat some wording to confirm that the
contents of the Oath are true etc. If you prefer not to swear on the Bible, you
may instead make a solemn affirmation by saying or repeating after the Solicitor/Commissioner
for Oaths who is administering the swearing process, certain substituted wording.
Please do not worry about the swearing procedure. In practice it is really straightforward and the Solicitor/Commissioner for Oaths who is carrying out the swearing procedure for you will explain everything to you. The swearing procedure itself usually takes no more than 5 minutes.
PLEASE REMEMBER: It is a criminal offence to swear under Oath
that a statement is true when it is not.
PARTNERSHIP BUSINESS INTEREST: If you
are unsure of the value of the deceased's partnership and business interests,
we would suggest that you contact the deceased's accountant to obtain an appropriate
valuation from the accountant.
PROBATE: When a person dies somebody has
to deal with their Estate (the money, property and possessions left) by collecting
in all the money, paying any debts and distributing what is left to those people
who are entitled to it. In order to get authority to do this they usually need
to obtain a legal document called a Grant of Representation from the Probate Registry.
There are three types of Grant of Representation.
1) Grant of Probate
Issued to one or more executors named in the deceased's Will
2) Letters of Administration (with Will)
Issued when there is a Will but there is no executor named or when the executors are unable or unwilling to apply for the grant.
3) Letters of Administration
Issued when the deceased has not made a Will, or any Will made is not valid.
Contact us
tel : 01288 35 9000 or
fax: 01288 35 6000
email: sharon.piper@busbyslaw.co.uk
address: Busbys Solicitors, The Strand, Bude, Cornwall EX23 8TJ
|
