Estates Administration

An application for a grant of representation is often required after someone dies to enable them to deal with the assets and liabilities in the estate. Where the person who has died has made a Will and the application is being made by the named executors, this is known as a grant of probate. Otherwise, the document is called letters of administration.

Our team is experienced in winding up a variety of estates and can deal with all aspects of the administration. This can include but is not limited to:

    - Preparing inheritance tax returns and dealing with inheritance tax calculations and payment; - Preparing the statement of truth and submitting the application for a grant of representation; - Collecting in the assets and liabilities; - Dealing with the sales or transfer of assets including shareholdings, properties, personal possessions, pensions and trust assets; - Preparing the administration and distribution accounts; - Identifying and locating beneficiaries of the estate, including dealing with charities; - Liaising with accountants in respect of any income tax or capital gains liabilities; - Preparing post death deeds of variation.

Intestacy Rules

The Intestacy Rules govern how a person’s estate passes in the absence of a valid will.

The only people who can benefit from an estate under intestacy are spouses and civil partners and blood relations. A cohabitee would not inherit at all irrespective of the length of the relationship and a spouse may not inherit the whole of the estate.

Even if you wish to leave the whole of your estate to family members, the distribution of an estate under intestacy may not match your wishes. If you want friends or charities to benefit, the only way to achieve this is to prepare a valid Will. The only way to avoid the intestacy rules applying is to prepare a Will. Professional advice is recommended to ensure that the will is valid.

It is possible for the beneficiaries of an estate to vary the terms of an intestacy by agreement within two years of a death.

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