Probate and Administration of Estates
The Wills & Probate department of Jeary & Lewis Solicitors has been acquired by Business Lawyers Limited t/a Aston Brooke Solicitors.
One of the most traumatic experiences that any of us will face in our lifetimes is the death of a close family member or friend. At this difficult time you may find that you are responsible for dealing with that person’s estate. We will relieve you of the burden of obtaining Probate and administering the estate, and help you ensure that the wishes of the deceased are followed.
The responsibility of being a personal representative may arise if you are appointed in someone’s Will as the ‘Executor’. Or, if the person has died intestate (that is without leaving a Will), then you may find that as a beneficiary in their estate you will have to act as an ‘Administrator’.
Executors and Administrators are both known as personal representatives. As a personal representative you will be responsible for dealing with all matters relating to the administration of the estate.
Generally, in order to deal with a person’s assets you will need to obtain a Grant of Representation from a Probate Registry. This is called a ‘Grant of Probate’ where you are acting as an Executor and a ‘Grant of Letters of Administration’ if the individual did not make a Will.
Once you have a Grant of Representation you will be able to release the assets in a person’s Will. You will also have to settle their liabilities and pay any legacies which may be due.
That includes settling the person’s Income Tax and Capital Gains Tax affairs. Following that, you must pay any Inheritance Tax that is due to the Inland Revenue.
Following this, you will have to distribute the estate to the proper beneficiaries, i.e. those named in the Will.
As you can see, the burden placed on the personal representative can be considerable.
We can help
If you are a personal representative we can offer you a comprehensive and sympathetic service in dealing with the complex issues outlined above. We’re extremely thorough and we’ll go through everything with you, step by step.
We will obtain details of the person’s assets and liabilities and prepare the application for the Grant of Representation. We will also deal with the preparation of any Inland Revenue account which may have to be delivered to the Capital Taxes Office.
As soon as we have sufficient funds in hand we will deal with the payment of all liabilities in the estate. We will also settle any legacies which are payable. Next, we will advertise for creditors and deal with the Inland Revenue to settle any outstanding tax liability, or alternatively claim a repayment if one is due. If Inheritance Tax is due, then we will take care of it through the Capital Taxes Office. We will then get their confirmation that all outstanding tax has been paid.
Once the tax is sorted, we will provide you with a full set of Estate Accounts. These will clearly detail how the monies in the estate have been used to settle outstanding tax and legacies. The accounts will also show the final amounts due to those named in the Will. We will then make the final distribution in the estate.
We will also help with any future Income Tax or Capital Gains Tax Returns which require completing.
This is a full description of all the work which we can carry out in connection with an estate. You may prefer to deal with some matters yourself and we will carry out as much or as little work as you require.
If you would like to talk through this matter in person, just give us a call.