Wills & Probate
- Making or amending a Will at any time
- Handling the estate (the property and assets) of another person after death
- Explaining Powers of Attorney & Enduring Powers
- Advice on retirement and savings
To many people, the thought of making a Will at a young age is just being pessimistic, as the concept of death, and the responsibilities it entails are not urgent issues, but this is a very important matter which should be addressed as soon as possible.
Making a Will is about providing for your loved ones in the event of your death, by arranging for executors, (people whom you trust to ensure that the terms of your will are carried out after the date of your death) to identify and value all of your assets and debts, make an application, if required, for a grant of the probate, to settle your income tax affairs and pay any debts, pay any inheritance tax due on your death, and to carry out your instructions as set out in your will
Probate
Executors appointed under a will, would usually have to obtain a grant of probate before they have authority to deal with the assets in an estate. The procedure for obtaining a grant of probate will vary depending upon the nature of the assets and their value.
If an estate is "excepted" (i.e. the value of the assets and relevant lifetime gifts is under a certain figure) then executors should only have to sign an oath before forwarding the will and the oath to the Probate Registry. A fee will be payable to the Probate Registry (currently £50) and a grant of probate should follow within three to four weeks. Once a grant of probate is received then the executors have authority to deal with assets within the estate and can proceed with the administration.
If the estate is not "excepted", then in addition to the above, executors will need to complete a detailed Inland Revenue account and pay any tax that may be payable on the death. There are stringent penalties imposed upon executors by the Inland Revenue if the executors fail to include in the Inland Revenue account full details of all assets.
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