Probate is not an easy process, and can take longer than most people realise. If you are in the unfortunate position of having lost a loved one, we can start by offering you advice and assistance. We have a depth of experience in handling the difficulties and speeding the possible delays. This all occurs at what can be an emotional and difficult time for other reasons, so requires our sympathetic handling of the deceased's affairs. This can include issues of trusts, taxation, and all other aspects of estate administration. We ensure that our professional fees for this service are reasonable.
On the death of a person, their assets are by law immediately frozen, and cannot be touched without the authority of the court, save for payment of funeral expenses and inheritance tax. Following the payment of any due inheritance tax, the court's authority can then be by grant of probate where there is a will, or by letters of administration where there is none. We can provide a full probate service. Or you might just wish us to calculate any inheritance tax due, arrange for its payment, and then make the grant of probate application to the court on your behalf.
This is usually the partner, but can also more advisedly include trusted friends or professional persons such as ourselves, whom the deceased has specified in the will. These people would be our clients and main point of contact. In the absence of a will, or where executors are not available, the next of kin can become the administrators or executors.
On information then provided by the executors or administrators, we would calculate the inheritance tax due, if any, and arrange for the payment, either in full or by installments. This clears the way to apply for probate, which we can do on your behalf.
Once these are obtained from the court, then a Will becomes the controlling document. In this we would work in collaboration with the executors to fairly and professionally apply the assets of the estate to meet the requirements of the Will. This might well include, where the provisions of the will do not accord with the wishes of the beneficiaries, reaching a unanimous agreement and drawing up a deed of variation. Also necessary is the paying of any outstanding debts and dealing with any outstanding income tax issues. If there is no will then the rules of intestacy apply. As a final stage, amended inheritance tax accounts may be required to be submitted to the capital accounts office.
* Advise on the legal interpretation of the Will.
* Determine the personal representatives and obtain grants of representation for them.
* Explain the role of the personal representatives.
* If there is no will, advise on the intestacy
provisions which will apply.
* Calculate the inheritance tax due and negotiate with the Inland Revenue in the case of value disputes.
*
Liquidate the necessary assets to pay inheritance tax and defined beneficiaries.
* Determine whether there are claims against the estate under the Inheritance Act 1975.
* Resolve income tax and capital gains tax issues and resolve any disputes.
* Obtain
UK grants of representation concerning UK assets if the deceased was an overseas resident.
* Negotiate deeds of variation with all beneficiaries.
* Set up any trusts which may arise from the will, or from intestacy outcomes.
* Determining the tax liabilities which may arise for beneficiaries at the outcome of the Will.
A large estate can involve situations where there are legal obligations to other parties, for example tenants, and many other situations which need management and administration whilst the process of obtaining probate is under way. We can undertake the management of these responsibilities on behalf of the executors.
Telephone: 01590 623252, from 9.00am to 5.00pm, Monday to Friday.
Fax: 01590 623786
e-mail - click on sue.martin@martinssolicitors.co.uk
For a local map, or details of how to get to us by train or bus - click here.