We understand that when a loved one has passed away it can be a very uncertain time and it’s often difficult to know what to do next.
There are a lot of things to consider and you may find it easier to speak to our supportive and friendly Private Client team who can provide a helping hand or deal with the whole Probate process on your behalf.
Whilst you can deal with the process yourself, we recommend that we assist with the Probate if any of the following apply:
Time
Identifying, valuing, gathering in and distributing the assets in an estate can be surprisingly time-consuming. At Awdry Bailey & Douglas our Private Client team are highly experienced and know how to obtain information quickly and efficiently and the best steps to take.
Executors concerns
Executors have legal authority to administer the estate. There can be personal liability if matters are not handled correctly, so it can be reassuring to have a professional adviser.
Gifts to children or trusts
If there are children under the age of 18 or Trusts referred to in the Will then we can assist with these complications.
Family disputes or sensitivities
Executors will often prefer a solicitor to prepare the accounts and distribute money to family members. Having a professional person involved can help to avoid any family disagreements over the estate.
Extensive investments or business interests
We can help if there is a wide range of investments or business interests. We can obtain valuations and advise on whether the investments should be sold or retained. We can also advise on how to maximise any business property tax relief.
Tax
If Inheritance Tax is payable, completion of the tax forms can be quite complicated and you could end up paying more tax than you need to. With our experience we can minimise the tax due.
Missing Will
If the original or copy of a Will cannot be found, it may be necessary to make enquiries with local solicitors or banks. If no Will was made Intestacy Rules will apply and legal help will be required.
Foreign property
There may be a separate Will covering foreign property. It may also be necessary to involve foreign lawyers but this is something we can arrange on your behalf.
Challenge to the Will
A family member or other dependant can challenge the terms of a Will if reasonable provision has not been made or on the basis that the person who made the Will did not have mental capacity or was subject to undue influence. Executors should take legal advice if there is a possibility of a challenge to the Will.
