PROBATE

When a person dies an Executor is appointed under a Will to administer the estate.  It is often necessary to obtain a Grant of Probate to enable the Executor to deal with the administration.


If a person dies without a will (intestate) the law dictates who is entitled to make application for the Grant of Letters of Administration which appoints the Personal Representatives to administer the estate.


The Executor(s) or Personal Representative(s) has a personal liability to the estate, to include the Revenue, the beneficiaries and any creditors to ensure that the estate is administered correctly.  It can therefore be a complex and onerous task at what is often already a difficult and emotional time.  We are fully regulated and insured and are able to shoulder the burden of the responsibilities involved in the administration process.


We offer a sympathetic and pragmatic approach to guide you through the legal complexities involved in estate administration. 


We can assist you with immediate post death requirements to include for example, registering the death, arranging the funeral, buildings and contents insurance, house clearance and Royal Mail redirection. 


We can apply for the correct Grant if required and can tailor our service to meet your needs.  


In administering the estate we will communicate with all beneficiaries and Executors during the administration process. We will liaise with all institutions to include all banks, financial institutions, government departments and utility providers.


Our probate administration service will include:-


  • Checking the validity of a Will and advising you on the Rules of Intestacy.

  • Ascertaining the assets and liabilities of the estate.

  • Dealing with any foreign assets.

  • Completion of Inland Revenue Returns and liaising with HM Revenue & Customs concerning Inheritance Tax, Capital Gains Tax and Income Tax where required.

  • Making application to the Revenue for Inheritance Tax exemptions and or reliefs to ensure minimum Inheritance Tax is paid.

  • Arranging to calculate and pay Inheritance Tax where required.

  • Assessment of whether any post death Tax Planning is required to reduce Tax to include Deeds of Variation.

  • Preparing documents for application to the Probate Court for the Grant of Probate/Letters of Administration.

  • Assessing any claims or disputes which may be brought against the estate from third parties.

  • Placing Statutory Advertisements to protect Executors of the estate from any future claims.

  • Dealing with the Revenue’s enquiries relating to Inheritance Tax, Capital Gains tax and Income Tax.

  • Ensure all liabilities are paid in the correct statutory order.

  • Preparation of estate and distribution of accounts.

  • Arrange for realisation or transfer of assets as required.

  • Arrange for distribution in accordance with the terms of the deceased’s Will or the terms of the Intestacy provisions.

Authorised and regulated by the Solicitors Regulation Authority.  Brighouses Solicitors (Incorporating Bellis, Kennan, Gribble and Co) No. 44182.

Reg. No. 163 6545 54.

 

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