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Probate

When a relative or loved one dies, we can often feel lost and be left asking “what happens next?” Despite needing time and space to grieve, you will have the added onus of needing to work through the probate process if you’ve been registered as the Executor of a Will. Even if you have taken on this role before, it doesn’t change the fact that probate can be a complex process and can take an emotional toll. QualitySolicitors Jordans understand this and want to help.

Our Wills and Probate team are based in Doncaster and Kiveton Park, South Yorkshire, so we have a person local to you that you can speak with face-to-face. We believe it is important to have direct lawyer contact, particularly at a time when more support may be needed, so that you feel comfortable to ask questions as needed along the way.

It is our priority that you feel reassured you’re taking the right steps and are following through with your loved one’s final wishes as set out in their Last Will and Testament. We have helped administer estates of various sizes and with varying complexities, and can have as much or as little involvement in the administration process as executors need. An estate refers to everything a deceased person leaves behind, including any cash, property, personal belongings, insurance policies or pensions, or any other assets.

As an Executor you have very specific obligations you will need to fulfil and personal legal liability if the estate is not dealt with correctly and in the best interests of Beneficiaries. We’ll help ensure you’re meeting those requirements as we help guide you through the loss of a loved one.

Your responsibilities as an Executor include:

  • calling relatives and close friends to let them know about the death, and taking note of those you want to notify later, such as neighbours or co-workers (it may also be helpful to delegate some calls and emails to a relative or close friend);
  • making arrangements for any children that were in the care of the deceased, if there is no surviving parent or personal with parental responsibility;
  • taking stock of everything that is included in the estate so that there is a fair division of assets;
  • having all assets valued, perhaps by specialists if needed for any property, investments or business shares;
  • calculating debts or liabilities against the estate, such as mortgages, loans or credit cards so that these can be dealt with in the disbursement process;
  • dealing with inheritance tax forms and inheritance tax due;
  • applying for Grant of Probate;
  • making funeral arrangements and payments, reimbursing whomever has paid (which may have fallen to you);
  • Distributing the estate to Beneficiaries and any charities in accordance with the terms set out in the Will;
  • Drawing up estate accounts (Distribution Account) so that you can prove this has been administered correctly; and
  • Acting as a Trustee if there is also a Trust set up by the Will, such as for any children under 18

We’re your probate specialists and are here to help. Get in touch today on 01302 365374.

 

HMRC Trust Registration – Important Notice to our Clients

Under the 5th Money Laundering Directive, UK express trusts and most new UK Trusts in existence on or after 6 October 2020 must be registered with the UK Trust Registration Service (TRS) by 1 September 2022. Failure to register Trusts could put Trustees at risk of financial penalties.

New Trusts created from 1 September 2022 must be registered within 90 days and any changes to Trust details must be registered within 90 days of the change.

We have contacted clients in relation to any active retainers to advise of these new requirements, however where we have no active retainer, this has not been possible.

If you have a Trust in place, please ensure that you are aware of the new requirements and comply with any registration requirements. Further information about the TRS requirements, and details of how to register, can be found here

Please be advised that if you do not register your trust or keep the details on the register up to date, HMRC may enforce penalties.

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QualitySolicitors is the largest network of law firms in the UK, with local law firms spanning the whole of England and Wales and customer service at the heart of everything we do.

We are dedicated to providing the highest quality legal advice and expertise for our clients, but in a way that’s far friendlier, more accessible and clear-talking than you might expect from a law firm.