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Probate and Estate Administration

How we can help for the Probate and Estate Affairs…

  • Advice on drafting a will with review (please note that we do not provide will writing services)
  • Helping out how to find the will
  • Applying for the grant of representation
  • Liaising with HMRC for Inheritance Tax (IHT) purpose
  • Administrating the estate
  • Assistance to the executor(s) and acting as an executor (if you require)
  • Preparing estate accounts
  • Distributing the assets to the beneficiaries.

Who can be executor(s) and what are their duties for the estate

Who can be executor(s) and what are their duties for the estate

Who can be executor(s) and what are their duties for the estate

When you create a will one of the first considerations is to appoint an executor. Ideally this should be someone that you trust implicitly to handle your affairs and estate after you die. Becoming an executor is a big responsibility and, in this article, who can be an executor and what their duties for the estate will entail.

Who can be an executor?

Many people will choose their civil partner, spouse or adult children to be their executor. You can choose anyone who you feel will be able to do the job and who you trust. You can choose up to four executors but bear in mind that this could lead to arguments if all four cannot agree.

Therefore, it is recommended that you choose two executors – should the worst happen and one of them dies, you will still have one who can manage the estate and all your personal affairs.

What are the duties of an executor?

When someone dies there is a lot to look after and organise such as handling inheritance tax and probate. Executor’s must carry out their responsibilities professionally and legally.

The main duty as an executor will be to distribute the estate to the beneficiaries which means getting a picture of what the estate is worth.

They will need to pay the inheritance tax as well as any outstanding debt. The remainder of the estate is then distributed in accordance with the terms of the will.

Executors should take their role seriously as they can be personally liable for any mistakes, so it is worth understanding the role fully before you decide to take it on.

Other duties and responsibilities include:

  • Manage the whereabouts of the will
  • Inform all relevant parties where the deceased’s assets are held and ensure that all accounts are frozen until a grant of probate has been issued or in the case of no will, letters of administration
  • Obtain a detailed valuation of all assets held by the deceased as at the date of death
  • Obtain detailed list of all debts and liabilities of the deceased as at the date of death
  • Complete the inheritance tax returns based
  • Collect in the assets of the deceased, when the grant of probate or letters of administration is issued
  • Pay the debts and liabilities of the estate and transfer assets to the beneficiaries
  • Prepare the estate accounts
  • Prepare and file any income tax returns

We’re here to help you!

If you need help creating your will and appointing an executor, then why not speak to one of the team here or call us direct on 020 3778 0973 or email info@thestanlee.com 

Our team of experienced industry professionals will be able to assist you in all areas of probate and estate services – to leave you fully understanding what is expected.

Who can be executor(s) and what are their duties for the estate Read More »

What factors should you consider when someone dies?

What factors should you consider when someone dies?

What factors should you consider when someone dies?

The death of a family member or loved one can be a huge shock and with it there are many things you will need to take care of. In this article we look at some of the factors that you need to consider when someone dies.

Register the death

One of the first things you need to do is to obtain a copy of the medical certificate so that you can register the death.

If the death has been expected and the cause is clear, then a GP will be able to issue you the relevant medical certificate. When registering the death you will need to bring certain documents with you, such as the deceased’s passport and Birth Certificate.

Handling Probate

Probate is an important part of managing a person’s affairs after they die. Probate is where the executor helps to administer the deceased person’s estate by organising their money, assets and possessions and distributing them as inheritance to the beneficiaries.

If they have left a will then this will name the executor who is responsible for these affairs. Probate can normally take around a year to complete but may be longer in more complicated circumstIf the value of the estate is above this threshold, then you will normally pay a tax rate of 40%.

There are ways to avoid paying too much IHT such as leaving property to your children and grandchildren as well as leaving assets to your spouse.

Funeral arrangements

You should also start to make the necessary funeral arrangements with your chosen funeral director. When organising a funeral you should consider the style of coffin, place of burial as well as flowers, readings and even travel arrangements.

Notify the relevant people

You will need to notify the passport office to cancel their passport, HMRC for tax, department for work and pensions to stop their state pension and any benefits as well as the DVLA to cancel their drivers licence.

Another consideration when someone dies is that you need to make sure that all open accounts whether that is a bank account, store cards or social media accounts are closed down. If there is a will then the deceased person may have left instructions on how they want these affairs handled.

Contact Us

If you would like more information about creating a will, you can speak to one of the team here or call us direct on 020 3778 0973 or email info@thestanlee.com 

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Seven important reasons you need a valid will before you die

Seven important reasons you need a valid will before you die

Seven important reasons you need a valid will before you die

Making a will supports and protects your loved ones after you die. It also ensures that your estate and assets are allocated legally. In this article we look at seven important reasons you need to have a valid will before you die.

1. Managing the estate

When writing a will you need to appoint an executor, this is the person who will oversee the estate and affairs. The responsibility of the executor can vary but ultimately they will manage everything from closing bank accounts to liquidating your assets. When choosing an executor choose someone who you trust to carry out these tasks.

2. Inheritance tax

When a person dies inheritance tax will need to be paid. IHT as it’s also known is calculated and charged depending on the value of the estate and assets. If you are planning on leaving your spouse or partner anything this will be exempt from inheritance tax and will also be lower if you leave any property to your children and grandchildren.

3. Custody of children

If you’re a parent then you will need to nominate a guardian which can be done via the will. If both parents die then this is a very important part of the will and again is something that needs to be considered.

4. Digital assets

In a world dependent on technology accounts such as Facebook, email and other digital logins will need to be looked after. You can provide this specific information in your will and what action you would like taken such as if you want all the accounts to be closed down.

5. Family arguments

The distribution of assets and property can be a major headache if you do not have a will and may lead to arguments between family. Having a will takes away all of these problems and stops people assuming what they are entitled to.

6. Support charities

If you have been supporting a charity, then a will is the perfect way to leave a positive impact after your death. In your will you can leave a portion of your assets to your chosen charity.

7. Planning the funeral

Thinking about your funeral might seem morbid but it is still an important consideration. In your will you can leave instructions for your executor as to how the proceedings are run which will take a portion of the burden away from family and friends.

Contact Us

Planning a will is a big commitment but one that you should take seriously. If you would like more information about creating a will, you can speak to one of the team here or call us direct on 020 3778 0973 or email info@thestanlee.com

Seven important reasons you need a valid will before you die Read More »