When coping with the death of a loved one, the last thing you want to deal with is problems with probate. What is already a daunting process can quickly become overwhelming. At Thornton Jones, we understand the pressure you are under, and our skilled probate solicitors are ready to help you navigate whatever challenges probate may present.
We can help you address a wide variety of probate problems, from the most common to the most complex. Probate problems can be diverse, sometimes involving a family dispute and other times simply involving practical issues that make the process more challenging. Such scenarios might arise when:
- Your loved one has died without making a Will (called dying intestate)
- Your loved one made a Will but did not appoint executors
- There is a problem with the executors or administrators
- There is a problem with the beneficiaries
- The deceased was domiciled in a foreign country
- The deceased owned property or land in a foreign country
Let us help with this stressful situation so you can focus on yourself and your family during this difficult time. For expert advice about probate and estate administration, get in touch with our probate solicitors in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell, West Yorkshire today. Alternatively, please fill in our online enquiry form for a quick response.
Probate problems
We have a vast range of expertise covering all types of probate problems and disputes, including:
The deceased died intestate
When a person dies, someone (usually a close friend or relative) needs to take on the responsibility of administering their estate. This involves closing the deceased’s bank accounts, paying debts, paying Inheritance Tax and distributing inheritance to the beneficiaries.
There are 2 main issues when someone dies without making a Will:
- They have not left any instructions about who to give their money and property to
- They have not appointed anybody (called executors) to deal with the administration of the estate
Inheritance
If someone dies intestate, their money and property will be distributed according to the Rules of Intestacy. Only married partners, civil partners, children, and other close relatives are able to inherit under the Rules. This means that unmarried partners are unfortunately unable to inherit if the deceased does not leave a Will.
We can provide advice about distributing inheritance under the Rules of Intestacy. We can also help you make a claim if you have not received as much inheritance as you need. For more information about inheritance disputes, please visit our Contentious Probate Solicitors page.
Estate administration
If you want to administer your loved one’s estate but you have not been appointed as an executor because they did not leave a Will, you will need to apply to become an administrator instead. To do this, you need to obtain a Grant of Representation, referred to as Letters of Administration.
Only certain people can apply to become an administrator, including:
- The deceased’s spouse or civil partner
- The deceased’s child
- Others who can inherit under the Rules of Intestacy
Unfortunately, you cannot become an administrator if you were the unmarried partner of the deceased.
There can only be up to 4 administrators, so if more people are entitled to apply and those entitled cannot agree who should apply, there could be a race for the Grant of Representation. The Grant will be granted to the first person to apply.
The deceased did not appoint executors
A Will is still valid even if the deceased does not appoint any executors to deal with their estate. Just like if there was no Will, you will need to apply for Letters of Administration to become an administrator instead.
Practically, your job will be no different from an executor appointed under a Will. We can help you take the steps necessary to become an administrator and provide advice on administering the estate (including handling your responsibilities on your behalf).
Problems with executors or administrators
Problems with executors or administrators can be wide-ranging, covering everything from a simple reluctance to act to outright fraud and deception. We can handle all kinds of executor or administrator related issues, including:
- You have been appointed as an executor but you do not want to act
- You are a beneficiary but the executors do not want to act or they are all deceased
- The executors or administrators are failing to administer the estate or not doing it properly. For example, you suspect:
- Executor or administrator fraud
- That the executors or administrators are being negligent
- That the executors or administrators are purposely obstructing or delaying the administration
- There is a family dispute that makes the executors or administrators unable to administer the estate in an unbiased way (in this situation, it may be worth appointing an independent administrator who has no connection to you or the deceased)
Problems with the beneficiaries
Common issues with beneficiaries include disputes over inheritance (both with other beneficiaries and people left out of the Will) and where there are issues with the beneficiaries themselves, for example where they are bankrupt or cannot be located.
The beneficiaries are bankrupt
If you are in charge of administering someone’s estate but the beneficiaries are bankrupt, you will need to make any inheritance payments to their trustee in bankruptcy rather than directly to the beneficiary.
We can help you make the necessary investigations into whether someone is bankrupt and liaise with the trustee in bankruptcy on your behalf.
The beneficiaries are missing
We can help you take all possible steps to track down missing beneficiaries or, if they cannot be located, take steps to administer the estate in their absence. This could include:
- Taking out insurance to pay out if the missing beneficiaries are eventually located
- Applying to court for permission to administer the estate under the presumption that the missing beneficiary has died
For information about disputes between beneficiaries, please visit our Contentious Probate Solicitors page.
The deceased was domiciled in a foreign country
If the deceased was domiciled in a foreign country, the law in that country that will usually apply to the management of their estate. However, a Grant of Representation is still required to deal with English and Welsh assets.
Domicile refers to the country that is considered a person’s permanent home. This is not necessarily the country in which they were born or in which they were living when they died.
We can provide advice on administering someone’s estate where they were, or may have been, domiciled in another country and the impact on the probate process.
The deceased owned property or land in a foreign country
It is common for a person to have been domiciled in England or Wales but to have also owned land or property in another country, such as a holiday home. In many cases, it will be the law in that country that determines how property must be dealt with. We can provide advice about dealing with foreign assets and handle the process on your behalf.
Why choose us to help with probate problems?
We have decades of experience and specialist expertise in the area of probate and estate administration. Our talented team includes Liz Fyfe who is a member of STEP (the Society of Trust and Estate Practitioners), an organisation for practitioners who specialise in family inheritance and succession planning matters.
Thornton Jones is independently regulated by the Solicitors Regulation Authority (SRA).
Get in touch with our probate solicitors in West Yorkshire
For expert advice about probate and estate administration, get in touch with our probate solicitors in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell, West Yorkshire today. Alternatively, please fill in our online enquiry form for a quick response.
When someone dies without a valid will (intestate), their estate will be distributed according to the Rules of Intestacy under UK law. This means that the estate will pass to certain relatives in a specific order, which may not reflect the wishes of the deceased. For example, a surviving partner who was not married or in a civil partnership may not be entitled to anything under the intestacy rules.
In the absence of a will, the court will appoint administrators (usually close family members) to manage the estate instead of executors. The distribution of assets may be delayed, and if there are disputes among family members, the process can become complex.
If you’re facing an intestacy issue, it’s important to seek legal advice to understand your rights and options for estate distribution.
If the deceased made a will but failed to appoint executors, or if the named executors are unwilling or unable to act, the court will appoint someone to administer the estate. This person is usually a close family member or a professional, such as a solicitor.
If you are a beneficiary or family member concerned about the absence of an executor, you may need to apply to the court for Letters of Administration. In some cases, disputes can arise over who should be appointed as executor, especially if multiple family members or interested parties believe they should take on the role.
If you are faced with this issue, legal guidance is crucial to ensure the correct procedures are followed and that the estate is administered fairly.
Problems with executors or administrators can arise in various ways during the probate process. Common issues include:
Executor refusal or failure to act: Executors may refuse to act, be unable to fulfill their duties, or fail to manage the estate in a timely manner, leading to delays in the distribution of assets.
Conflict of interest: Executors who are beneficiaries may have personal interests that conflict with their duties, which can lead to disputes.
Mismanagement or misconduct: If an executor is mismanaging estate assets, failing to pay debts, or distributing assets incorrectly, beneficiaries can challenge their actions.
Failure to follow the will’s instructions: Executors must act in accordance with the terms of the will. If they deviate from the instructions without a valid reason, this can be grounds for a dispute.
If you suspect an executor is not fulfilling their duties, it’s important to seek legal advice. You may have the option to apply to the court for their removal or to challenge their actions.
Disputes between beneficiaries often arise when they disagree on how the estate should be divided, particularly if the will is unclear or perceived as unfair. Common reasons for beneficiary disputes include:
Ambiguities in the will: If the will is poorly drafted or contains unclear terms, beneficiaries may interpret it differently.
Claims for more than what is provided: Some beneficiaries may believe they are entitled to a larger share, especially if they were financially dependent on the deceased or were expecting more.
Intra-family conflicts: Family dynamics, such as sibling rivalry or strained relationships, can sometimes lead to disputes over the deceased’s assets.
Beneficiaries can attempt to resolve disputes through mediation, but if that fails, they may need to pursue formal legal action, such as challenging the will or making a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Legal advice and support are vital to resolving these disputes and ensuring a fair outcome for all parties.
When a person dies owning property abroad or if they were domiciled in a foreign country at the time of their death, probate can become more complicated. Here are the key considerations:
Foreign property or assets: If the deceased owned property or assets in another country, the probate process may need to be carried out in that jurisdiction as well. You may need to apply for probate in multiple countries (a process known as “foreign probate”).
Domicile and jurisdiction: The deceased’s domicile (the country where they were legally considered to be permanently residing) plays a crucial role in determining which country’s laws govern the distribution of the estate. Even if the deceased lived in the UK, if they were domiciled elsewhere, the estate may be subject to the laws of that country.
Inheritance tax considerations: When the deceased had property abroad, you may need to deal with inheritance tax in both the UK and the foreign jurisdiction, depending on the location and value of the assets.
In these cases, it’s important to seek legal advice from specialists in both UK and international probate law to navigate the complexities of administering an estate with foreign elements.
Contact Us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
