Berlad Graham

Grant of Probate & Letter of Administration

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Probate and Estate Administration Services

After someone dies, their estate, which includes assets such as property, money, possessions and investments, needs to be collected, valued, and distributed to the relevant beneficiaries. Although ‘probate’ is used to describe the general process of dealing with a deceased’s estate, the actual process will depend on whether the deceased left a Will or whether the deceased died without a valid will, known as dying ‘intestate’. A Grant of Probate (if there is a Will) or Letters of Administration (if there is no valid Will) provides the legal authority to do this.

For most people, dealing with a loved one’s estate can be an overwhelming experience, especially during such a difficult time. At Berlad Graham LLP, our experienced and compassionate estate administration team can guide you through the process, handling the legal complexities so you can feel confident that it is being handled correctly.

For specialist advice on estate administration, please get in touch with our friendly team to discuss the next steps. Please call 0330 175 5655 or email info@bglaw.co.uk.

Grant of Probate or Letters of Administration?

If there is a Will, the executors (named in the Will) may need to apply for a Grant of Probate to sell certain assets, such as property or shares, and distribute the estate.

If the deceased died intestate (without a will), or if there is a Will but there are no executors named who are able and willng to act then personal representatives will need to apply as ‘administrators’ of the estate for Letters of Administration.

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When is a Grant of Probate required?

The value of the estate, or the assets the deceased owned, will determine whether a grant of probate or letters of administration is needed. You will also need to find out how these assets were held. For example, you may not need probate if the person who died owned land, property, shares, or money jointly with another person on a beneficial joint tenants basis as these will automatically pass to the surviving owners.

However, you will usually need a grant if:

There are significant funds in any one bank account or building society (usually above £5,000-£50,000, though limits vary by financial institution).

The deceased held stocks, shares or certain insurance policies.

The deceased held property or land jointly with another person or persons on a ‘tenants in common’ basis.

Every situation is different, and financial institutions have their own policies and procedures. Our estate administration team can help you understand if you need a Grant of Probate or Letters of Administration based on your circumstances. We can guide you through the probate process, advising and assisting in all estate administration matters.

Executor Responsibilities and Duties

Acting as an executor of an estate is a significant responsibility, and it is understandable why many people are nervous about the processes involved. Executors have legal duties to:

Act in the best interests of the estate – prioritising beneficiaries’ interests and acting impartially.
Follow the Will’s instructions – distributing the estate according to the deceased’s wishes.
Keep accurate records – documenting all financial transactions and estate administration decisions.
Act with due diligence – taking reasonable care and not causing unnecessary delay.
Avoid conflicts of interest – not profiting from the role unless the Will specifically allows it.
Protect estate assets – ensuring property is insured, investments are managed properly, and assets aren’t lost or diminished.

Executors can be held personally liable for any breach of duties or mistakes, including having to compensate the estate for losses caused by their actions.

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Why Should You Use Professional Support?

While it is possible to handle the probate process on your own, many executors choose to instruct solicitors to handle the legal and administrative work. Professional support can prove invaluable because:

Having a regulated probate solicitor handle the process for you reduces the risk of errors and protects you from potential liability.
Even in straightforward estates, understanding the legal requirements and responsibilities, tax implications, and documentation can be challenging.
Probate can be extremely time-consuming; managing it, especially during a difficult time when there are likely other matters to deal with, can be particularly stressful.
Probate disputes and challenges to a Will are not uncommon. Dealing with challenges from beneficiaries requires specialist legal knowledge.
Dealing with legal processes is challenging, especially during a time of grief. Knowing everything is handled correctly can provide peace of mind for executors and beneficiaries.
Not every executor will want to take on the responsibility they have been given. Having the support of a probate solicitor can alleviate this burden.

Our private client solicitors have extensive experience in probate and estate administration, handling everything from straightforward estates to complex international matters. We have lawyers based all over England and the UK, as well as in Spain, Dubai and Israel, ensuring that help is close at hand.

For information on the costs of uncontested probate and estate administration, please visit our fee transparency page for Uncontested Probate.

Challenges and Disputes

It is not uncommon for disagreements or disputes to surface particularly when a loved one has recently passed. Therefore, it is vital to speak to a trusted solicitor as soon as a concern arises to prevent escalation, where possible, and to ensure that any concerns relating to the integrity, contents or interpretation of the Will are addressed. We have experience acting in Contentious Probate matters and can help to resolve the following issues, including:

Challenging Will contents and the validity of Wills.
Claims relating to the Inheritance (Provisions for Family and Dependants) Act 1975 for dependents who were not sufficiently provided for in a Will or situations of intestacy (where there was no Will).
Executor disputes.
Trusts disputes.
Beneficiary disputes.
Propriety estoppel claims.

Our contentious probate team can advise both executors facing challenges and beneficiaries with concerns about the administration of an estate. We provide further information on these services here: Contentious Probate.

Why Choose Berlad Graham LLP?

Seeking the advice of a probate specialist can help you determine if probate is needed and take away some of the stress of dealing with an estate after a loved one has passed away. Our experienced team understands the challenges executors face and is committed to making the process as smooth and stress-free as possible.

Whether you need to apply for a Grant of Probate or Letters of Administration, administer an estate or resolve a probate dispute, we are here to help.

We also understand that finding a solicitor who can understand your situation and context in your own language can be challenging. Berlad Graham LLP has a strong team of multilingual solicitors who can assist in a variety of legal matters – find out more about our team of Multilingual Solicitors.

Our Team

Raanan Berlad

Managing Partner

Liora Torn-Hibler

Head of Private Client

Hannah Price

Partner

Daniel Brown

Trainee Solicitor

Wills

Estate Planning

Lasting Powers of Attorney

Court of Protection & Deputyship

Contentious Probate

Wills and Inheritance Quality Accreditation

Berlad Graham LLP is proud to hold the Wills and Inheritance Quality Scheme (WIQS) accreditation as awarded by The Law Society. This accreditation demonstrates that:

We have the expertise to deliver Wills and inheritance advice.
We use standardised processes to recognise and reduce risks.
We educate clients about what to expect when buying Wills and inheritance advice.