Probate and Estate Administration

Assisting executors and administrators in obtaining the necessary legal documents to enable them to manage and distribute the estate. 

Offering guidance on the rules of intestacy and ensuring rightful heirs receive their entitled assets.

Providing comprehensive estate valuation, addressing liabilities, and ensuring a fair distribution of assets to beneficiaries.

Offering advice on inheritance tax implications, potential exemptions, and ensuring accurate and timely payment to HMRC. 

Offering advice on the variation of estates to re-direct assets for tax saving or other purposes.

Assisting in cases where assets are located abroad or where international laws may impact the estate. 

Advocating for clients in situations where the will or estate distribution is under dispute.

Probate refers to the legal process of proving a will’s validity, while estate administration encompasses the broader tasks involved in managing and distributing a deceased person’s assets.

The duration can vary, typically ranging from a few months to over a year, depending on the estate’s complexity and any potential disputes.

Their primary responsibilities include valuing the estate, paying off any debts, discharging the estate’s tax liability and ensuring beneficiaries receive their rightful inheritance. 

In cases of intestacy (no will), the estate will be distributed according to the rules of intestacy set out under English and Welsh law.

Yes, inheritance tax may apply to the estate’s value above a specific threshold. It’s crucial to understand the available allowances and potential exemptions.  Additionally, income and capital gains tax may be payable during the administration period and must be settled before final distributions are made.

Yes, under certain circumstances, beneficiaries or potential beneficiaries can challenge the distribution or the will itself. 

It’s advisable to seek specialist legal advice to understand your responsibilities and the processes involved.  The costs of doing so are borne by the estate and not the Executors personally.

In such cases, the estate is distributed differently, with debts and liabilities taking pre-defined precedence.  It’s essential to approach such situations with legal guidance to ensure all obligations are met and debts are paid in the correct order according to relevant laws. In such scenarios, the costs of administering the estate are still a valid expense (payable before most debts) so legal guidance and assistance can still be sought. 

While there’s no fixed deadline, executors and administrators should aim to settle the estate promptly. Certain tasks, such as paying inheritance tax, have specific timelines and penalties may be payable if deadlines are missed.

Cross-border estates can be complex due to varying laws in different jurisdictions. It’s essential to have legal support familiar with international probate matters to ensure tax and entitlement issues are properly resolved.