Losing a loved one is an emotionally challenging experience, and for many families in the UK, this is compounded by delays in the probate process. In 2024, Personal Representatives (PR) are increasingly facing extended waiting periods to distribute estates, which has brought new financial and emotional stress. Here’s what you need to know if you find yourself dealing with estate administration and probate this year.

Probate is the process of obtaining a Grant of Probate, which is the legal document that an Executor may have to obtain in order to administer the estate of someone who has passed away. Many people choose to instruct a professional to apply for probate on their behalf, as it involves complicated processes, a lot of paperwork, and legal knowledge.

A Grant of Representation is a legal document issued in the United Kingdom that gives the person named on it the authority to administer the estate and other assets of a deceased person. In simple terms, it is a document that proves that the person handling the deceased's assets has the legal right to do so.

Many adults in the UK do not have a valid Will. They may have a Letter of Wishes or documented their requests in other ways, but a Will must be formally witnessed and signed in order to make it legally valid. Whilst you can make a Will yourself, it is strongly advised you discuss your circumstances with a professional to ensure you are considering all your needs. Additionally, a professional Will Writer will have the facilities to store your Will securely, which ensures that it is easily accessible upon your death.

In the UK, the Executor of a Willis responsible for managing the estate of a deceased person, paying any debts and taxes, and distributing the remaining assets according to the terms of the Will. The specific duties of an Executor may include:

A step that often causes family members additional stress and anxiety when someone dies is locating the deceased’s important documents. This includes the Will, which details the Testator’s wishes regarding how they want their estate to be distributed. Unfortunately, locating a Will and other important documents can sometimes be a difficult and time-consuming process for loved ones coming to terms with a death. This blog answers frequently asked questions about locating the Will to help you navigate this stressful time. The blog explores how to find a Will, what happens if you can’t find a Will, and the benefits of storing estate planning documents with a professional storage provider.

The period after the death of a loved one is a difficult time; and many people prefer to avoid thinking about it in advance. There are many challenges to consider; not only the emotional difficulties, but also the administrative duties that will need to be dealt with. An example of this is when the deceased has outstanding debts upon their death. Matters such as these become even more difficult to handle when the debt is unexpected and no provisions for its repayment have been made. It is a commonly held assumption by many people that debts are written off upon the death of the borrower; however, in general, this is not true.

When estate planning or dealing with the estate of someone who has died, you may have to handle Inheritance Tax (IHT).

Getting around to writing your Will can be difficult. Most people don’t like to think about what will happen when they die, and it’s one of those tasks that feels easy to delay. Many people die without leaving a Will, which can cause a lot of stress for their loved ones. However, writing a Will is important, as it ensures that your wishes are honoured after death and that your estate is passed on in the manner you intended. Read more about the purpose of a Will.