Losing someone is hard enough without a mountain of legal and financial tasks landing on your shoulders at the same time. Yet that is often exactly what happens. If you have been named to deal with a loved one's affairs, or you simply do not know where to start, this guide explains what probate is, what the process involves in Northern Ireland, and how a solicitor can take most of the burden off you.
What is probate?
Probate is the legal process of dealing with the estate of someone who has died, that is, their money, property and possessions. It involves confirming the validity of the will, working out the value of the estate, paying any debts and taxes, and then distributing what remains to the people entitled to it. Before banks and other institutions will release the deceased's assets, they usually require a legal document confirming the authority to act. This is called a Grant of Probate where there is a will, or Letters of Administration where there is not.
What happens if there is no will?
If someone dies without a will, they are said to have died intestate, and their estate is shared out according to a fixed set of rules under Northern Ireland law. These intestacy rules follow a strict order of priority among family members, and they may not reflect what the person would have wanted. They can cause real difficulty for unmarried partners, step-children and close friends, none of whom are recognised under the rules. If you are dealing with an estate where there is no will, a solicitor can guide you through the process and make sure it is done correctly.
What the process involves
Administering an estate is a series of careful steps. In broad terms:
- Establish the estate. Identify and value everything the person owned, and establish what they owed.
- Apply for the grant. Apply for the Grant of Probate or Letters of Administration that give you authority to act.
- Settle debts and tax. Pay any outstanding debts and deal with any Inheritance Tax that is due.
- Distribute the estate. Share out what remains to the beneficiaries, and keep proper records of having done so.
How long does it take?
It depends on the size and complexity of the estate. A straightforward estate might be wound up within six to twelve months. Estates involving several properties, business interests, foreign assets, or any dispute among beneficiaries can take considerably longer. A solicitor will give you a realistic estimate at the outset, based on the actual circumstances, so there are no surprises.
The value of having a solicitor
You are not legally required to use a solicitor to administer an estate, but the responsibility that falls on a personal representative is significant, and it is personal. If mistakes are made, in the tax, in the distribution, in overlooking a creditor, you can be held liable for them. A solicitor carries that weight for you, makes sure the estate is handled correctly and lawfully, and frees you to grieve rather than administrate. For most families, at a difficult time, that is worth a great deal.
At Fisher & Fisher, our probate team guides families across County Down and Belfast through probate and the administration of estates, handling the process with care so you do not have to carry it alone.
This article is general information about the law in Northern Ireland and is not legal advice for your situation. Every estate is different. For advice on a specific estate, speak to one of our solicitors. Call your nearest office or send an enquiry and a member of our team will be in touch within one working day.
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