Executors, Administrators and Personal Representatives
The loss of a loved one is a very difficult and stressful time for a family and the thought of going through the probate process can be a daunting prospect.
Our Solicitors have extensive experience in helping both Executors and Administrators (collectively known as Personal Representatives) with probate and estate administration.
How we help executors and administrators
We can help with providing advice about duties as well as completing probate applications and estate administration. We also help beneficiaries (those entitled to inherit under a will or intestacy) to consider their options where they are due to inherit from an estate as an inheritance can have an impact on their own tax position.
We offer a range of Probate and Estate Administration packages. This enables you to decide exactly how involved you would like us to be with the process and more specifically what work you would like us to carry out on behalf of the estate.
There is no charge for an initial meeting and we can meet you at home, our office, your office or any other location to suit you. We also offer meetings by online video (such as Zoom, Skype and Teams) or by telephone.
Duties of Personal Representatives
The duties of a Personal Representatives can be very broad and include:
- Identifying the assets and liabilities of a deceased person’s estate
- Applying for a Grant (of probate or letters of administration)
- Accounting to HMRC for inheritance tax (whether any is due or not), capital gains tax and income tax.
- Preparing accounts showing the assets and liabilities of the estate together with the final amounts to be distributed to the beneficiaries.
- Settling all liabilities such as household bills, outstanding loans, funeral expenses and tax
- Distributing the estate’s assets to the beneficiaries in accordance with the terms of any Will, or in the absence of a Will, in accordance with the Intestacy Rules.
The above list is not exhaustive and all the steps that need to be taken by a Personal Representative will depend on the complexity of a person’s estate. It is worth knowing that is not always necessary to apply for Probate and one of our experienced Solicitors can advise you if it is required.
Personal Representatives can be held personally liable for any mistakes during the probate process and the administration of a person’s estate – it is therefore important to seek legal advice at the earliest opportunity. Some Wills can be difficult to interpret and together with incorrect inheritance tax calculations often cause the most problems with the administration process.
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