Probate Solicitors

Our probate solicitors focus on taking the burden away from the deceased’s personal representatives as the circumstances require by providing expert advice and guidance. We will ensure the affairs of your loved one are:

• Wound up
• Assets transferred or sold as required and
• The beneficiaries receive their entitlement without delay.

We offer all our clients fast expert advice whether the deceased died having made a Will or not. If there is no Will the rules of succession to property and other assets are determined by the Intestacy Rules. We will advise on their effect which often is to create a statutory trust where the deceased leaves children and a surviving spouse. In these circumstances, it may be necessary to trace distant or long-lost family members and we can make the necessary arrangements.

On our client’s behalf, we will complete the appropriate Inland Revenue forms, which are now required for all estates, and all other papers necessary to obtain the Grant of Representation to enable the deceased’s assets to be released and distributed to the beneficiaries either in accordance with the Will or under the Intestacy Rules.

Where the deceased did not consider tax planning before death it is possible to vary the Will or the effect of intestacy and thereby create substantial tax savings. We focus on the enhancement of clients’ assets by advising on estate and succession planning and will advise executors and beneficiaries on the possible variation of estates where appropriate.

Contentious probate

Our contentious probate solicitors will advise you in relation to disputes that arise during the probate process. These disputes can involve a variety of issues related to estate administration, including contesting a will, the appointment of the executor or administrator, the distribution of assets, and the payment of debts and taxes. If you are involved in a contentious probate case, it is important to work with an experienced lawyer regulated by the Solicitors Regulation Authority who can help you navigate the legal process and protect your interests.

Grant of Probate Reseals

More and more clients now have assets in more than one jurisdiction. That means it is likely that on their death, a grant of probate (or similar) is likely to be needed in more than one country. In some jurisdictions such as Hong Kong and South Africa, an English grant of probate can be resealed locally and vice versa i.e. the probate registries here will reseal a grant issued in Hong Kong or South Africa. The Colonial Probates Act Application Order 1965 is a statutory instrument setting out to which countries the reseal procedure is available. Where it is not, a separate grant of representation will be required here and we can deal with these applications as well.

Islands closer to home such as Jersey, Guernsey and the Isle of Man have their own procedures and a separate local grant will be required in those jurisdictions.

Osbornes’ Private Client Team has a lot of experience in dealing with reseal applications from multiple jurisdictions, as well as English grants in respect of foreign wills. We have excellent contacts across many countries both in Europe and further afield which can help streamline the process of administering cross-border estates i.e. when there are English and non-English aspects to be considered.

International probate

Our team of specialist international probate solicitors have significant experience in dealing with cross-border estates in countries including the UK and Australia, Europe (Germany, Spain, France and Italy), India, Hong Kong, Singapore, The United States and Brazil.

Read our articles – What is Probate and How much does probate cost?