Sadly we all have to cope with the death of a loved one at some point, and it can be a very difficult time, to say the least. We make it our mission to lift the burden of the will and the probate from your shoulders, and handle every aspect of that process – thoughtfully, sympathetically, and diligently.
We tie up all the loose ends; obtaining valuations of the different components of the estate, and agreeing the best position for you so far as any taxation liability is concerned.
Despite much publicity over this issue in recent times, people often pass away without having drawn up a will, or have a poorly-drafted or incomplete will. This creates severe difficulties for family and friends – just at the point where they are bereaved – and in all too many cases more inheritance tax has to be paid than would have been the case if simple and inexpensive action had been taken.
Having agreed the tax liability, we will apply for the Grant of Probate (or Letters of Administration in the event that there is no Will) and with that authority in place we will gather in the assets of the estate and administer them according to the Will or the intestacy laws, as the case may be.
Probate is the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person’s property under a will. Where the deceased has left a correctly drawn-up will we will handle probate on the beneficiaries’ behalf, ensuring the legal validity of the will and the smooth distribution of assets to the beneficiaries.
Under certain circumstances it is possible that a will can be challenged after death, and a contentious probate claim is initiated, whereby and individual or individuals challenge the contents if the will. This often relates to the mental state of the testator (the person who made the will) when it was drawn up, or allegations of unfair influence or even forgery. Avery Emerson has many years of experience in this area and can both advise and take action on your behalf if you find yourself in such a position.
Going back a step, everyone should have a will, no matter or how large their estate. It not only identifies (and can reduce) the amount of Inheritance Tax payable, but it avoids uncertainty and distress for your bereaved relatives. The process is quick and straight forward, and often very affordable indeed. Our staff will be only too pleased to advise, to offer assistance so far as your planning is concerned, and to draw up a legally-correct will to protect your loved ones and explain in very simple language the do’s and don’ts of making a will and probate planning.
