We understand that when someone dies that dealing with their Estate can be a stressful and emotionally draining task.
It may be that at the outset of the individuals death you are confused and unsure what initial steps to take and we are happy to advise you of the practical matters you should attend to soon after someone dies in terms of registering their death, establishing whether they had a Will or not, securing their property etc.
We appreciate that losing a loved one can be an emotional time and, for this reason, we offer a free initial consultation to all our clients. It affords us the occasion to listen to you and identify if and how we can help and it allows you an opportunity to discuss your situation, without obligation, to decide if you would like us to help you.
When someone dies, you’ll need to obtain the legal right to deal with their property, money and possessions. If the person that has died has left a Will then it is likely that the executors of that Will need to go through the process of obtaining a Grant of probate to obtain access to their assets, in order to ensure they can be distributed according to the wishes specified in the will.
The role of an executor is to manage the estate of the deceased. This involves realising the deceased persons assets – including property, possessions and finances and settling any liabilities of the deceased. Once complete, any remaining assets can be distributed to any beneficiaries named in the will in accordance with the Testators wishes.
Executors have the legal right to sell, en cash or transfer any or all assets belonging to the deceased. Any charges such as inheritance tax, debts and liabilities need to be paid from the proceeds of the estate, as do funeral expenses.
If the deceased died without a Will, they have died 'Intestate' and the statutory rules of Intestacy apply. These rules set out how the Estate should be distributed. As the deceased has not appointed a representative to administer their Estate via a Will, someone must apply to the Probate registry for authority to administer the Estate. The Non-Contentious Probate Rules 1987 sets out the order of entitlement to apply to be the Administrator of an Estate.
Administering an Estate can be a complex and time-consuming affair, especially if you are unfamiliar with the process and it can feel overwhelming at a time when dealing with loss and grief.
We offer our expertise to assist with the administration of Estates. We have the experience to ensure that all the complications arising on the death are dealt with - with the existence of a Will or not. We work with compassion to ensure that inconvenience to you at a difficult time is minimal. We can provide advice on inheritance tax and how to minimise liability with the application of IHT exemptions and relief.
If HMRC are involved, we can handle all the paperwork, we'll collect in any assets, oversee the payment of any liabilities from the Estate funds and help to prepare the Estate accounts for distribution.
In short, we will be there to support you at a difficult time ensuring our legal expertise administers the Estate in accordance with the deceased's Will or the law- providing you with 'Peace of Mind'.
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