When a person dies, the assets have to be collected, the debts and beneficiaries paid as well as a whole host of other tasks such as clearing the property and settling the tax affairs. This can be a straightforward process but sometimes it can be complex, time consuming and onerous. It is important that good advice is sought and at Norris & Miles we are happy to assist the family in whatever we can to ensure that the matter progresses as smoothly and quickly as possible.
If the family or the Executors are prepared to take on the tasks involved but do not themselves want to make the application for the Grant of Probate (where there is a Will) or Letters of Administration (where there is no Will) then we can prepare the paperwork and make the application for them using the information they have gathered.
“In this world nothing can said to be certain, except death and taxes” – Benjamin Franklin.
This is still true over 200 years later and elements of Inheritance Tax can be complex and, as it is regularly being changed, it is important to be certain that you have done what you can do to minimise the Inheritance Tax consequences on your death. We can clarify your tax position and offer guidance and advice as appropriate.
If you feel that you have not been treated fairly, or that ‘promises’ have not been kept by the deceased, it may be possible in some circumstances to challenge the contents of a Will or even the statutory intestacy provisions. We can assist with making or defending a claim.
It is possible to amend the terms of a Will as far as they benefit you so that your entitlement is redirected to others. This can include passing you inheritance directly on to your children which has a potential inheritance Tax saving or it can also be used where a family have agreed a different division of the assets to those stated in the Will. We can prepare the appropriate documents having discussed the implications with you.
If you make the application for the Grant of Probate yourself, you will be required to swear an Oath and one of our solicitors can do this for you. You may be also be asked by some financial institutions to make declarations under Oath and again we can assist with this.