Recently bereaved and do not know where to turn?
Our Private Client team can manage the estate of someone who has died and consequently take away much of the stress and complexity during what is a very difficult time for both family and friends.
We will deal with the whole process for you from start to completion including:-
- Initial meeting to discuss the Will and estate and the process involved
- Registering death with all organisations relevant to the deceased
- Obtaining values of assets and debts
- Completion of Inheritance Tax forms and arranging payment of Inheritance Tax, where relevant
- Completion of Executors’ Oath
- Applying for Probate – this is an official document needed to administer the estate and it is issued by a section of the court known as the Probate Registry
- Registering probate with all organisations
- Collection of assets and payment of debts
- Payments to beneficiaries in accordance with the Will, including analysing the most tax-efficient way of distribution
- Ensuring income and capital gains tax compliance is met
- Producing final accounts
We will liaise with the Executors and main beneficiaries throughout the entire process.
We also offer a Probate Only Service where, rather than dealing with the whole estate process, we simply obtain just the Grant of Probate for the client.
This is more appropriate where:
- the estate has a limited number of assets; and/or
- the estate is low in value.
We will complete the necessary forms and make the application on behalf of the executors in order to obtain the grant of probate.
If there is no Will (known as dying intestate) the process can be more complicated, but it is again something that we can help with.
Do I really need a will?
Everyone needs to have a Will in place, no matter their age.
A Will is even more important if you own a property or have children, savings, investments or a business. Without a Will, your estate may not pass to whom you wish; it may even mean that a family home needs to be sold, or that your estate passes to the Crown. You spend your life working hard to provide for yourself and your loved ones so why take that risk?
Making a Will helps ensure your estate passes according to your wishes, and your estate makes best possible use ofInheritance Tax reliefs available.
Contact us for a consultation with one of our friendly team of legal professionals (including members of the Society of Trust and Estate Practitioners) toavoid any potential complications or family disputes following your death.
Lasting Powers of Attorney
Few of us like to think of a time where we are unable to deal with our affairs.Such as managing bank accounts or selling a home and making a decision about long time care. The reality, however, is that you should consider entrusting someone with the authority to make decisions on your behalf, when the time comes, by making a Lasting Power of Attorney now.
A Lasting Power of Attorney is a legal document that can be made and registered now, but need not come into use until actually needed. Alternatively, without a Lasting Power of Attorney if someone loses the mental capacity to manage their affairs, their family and loved ones have no alternative but to make an expensive and distressing application to the Court of Protection.
Enduring Powers of Attorney
Although these were replaced by Lasting Powers of Attorney, you can still use and register an Enduring Power if it was made before October 2007 and we can assist you with this process.
Court of Protection
If you need to assist someone who unfortunately lacks the capacity to manage their affairs, an application to the Court of Protection is required. The Court will appoint Deputies to be responsible for decisions about the vulnerable person’s welfare and finances. Our team at Engleharts can help assist you through this complex process and help you understand your duties if appointed as Deputy.