Probate

When Someone Dies
Whether we are prepared or not the death of someone close to us is always difficult to handle and most people are not sure where to turn.    Dealing with the deceased’s paperwork is the last thing on your mind at such a traumatic time.  We can help you -  we can do as little or as much as you want us to do.  With sensitivity and care we can assist to administer the estate, obtain the Grant, liase with the Inland Revenue, pay the Inheritance Tax, distribute the assets and pay the other liabilities. 
We are often appointed the Executors of estates and also advise Executors of other estates.  Executors duties are onerous and we can provide guidance on how best to protect the Executors personal liability.
We also advise Beneficiaries of estates and in particular circumstances we can help them save Inheritance Tax.  
What if you are a Claimant?  Have you been left with little or no reasonable financial provision from someone who has died?  If so, we can discuss the likelihood of the success of your claim.
We are knowledgeable in administering estates whether the deceased has left a Will or not, saving Inheritance Tax where possible and in dealing with all types of disputes arising after someone has died.

Court of Protection / Receivership
If you have to manage someone else’s (financial) affairs because they have become mentally incapacitated then ideally an Lasting Power of Attorney should have been prepared authorising you to deal with these matters on their behalf. 
If there is no Lasting Power of Attorney then you must involve the Court of Protection.
With our professional expertise we can help you get the incapacitated person’s affairs in order as soon as possible by applying to the Court of Protection for you to become a Receiver. 
You can not make decisions concerning the incapacitated person’s affairs until the Court of Protection make the appointment therefore, it is likely that their affairs will remain in limbo.  But what if funds are required urgently to pay nursing or residential care fees?  We can apply to the Court of Protection for their authorisation to release funds immediately from the incapacitated person’s bank or building society account. 
Your duties as a Receiver will be onerous and we can ease the burden by providing helpful, practical and constructive guidance where needed. 

Protecting Your Property Interests
You may have an interest in a property in any number of ways.  The interest may be freehold or leasehold.  Your name may appear on the title (deeds) to the property or it may not and you may be entitled to all, some or none of the proceeds of sale.  In basic terms the law divides interest in properties into two categories – the legal estate and the beneficial interest.
In essence the legal estate equates to the name on the title deeds and the beneficial interest is the right to sale proceeds.
If you do not own the legal estate then you can still acquire a beneficial interest in a number of ways but principally by contributing to the purchase or improvement of the property.  If you do not own the legal estate but have contributed to the purchase or improvement of the property or if joint owners of the legal estate have contributed in different amounts then the beneficial interest can, and needs, to be protected.  There can be any number of reasons to protect your position – for yourself, for those you wish to benefit following your death, so far as the Inland Revenue are concerned and in relation too to the payment of residential and nursing care under Community Care legislation.
Your position may be affected by any number of other factors  - Do you occupy the property? Are you married to somebody else with an interest in the property? Do you propose registering a Civil Partnership?

If you would like your position clarified or your interest protected then do contact us.

Can you afford to be uncertain?