Estates

The two inescapable certainties are “death and taxes” which inevitably means when a loved one dies not only is there the emotional side of things to cope with but also the significant and onerous formality of obtaining a grant of representation before the estate can be dealt with.

The Private Client Team at Frettens consists of solicitors and legal executives, and includes a member of the Chartered Institute of Taxation, a member of Solicitors for the Elderly and members of the Society of Trust and Estate Practitioners. We are therefore well placed to help on all of the following:

Grants of Representation

At Frettens we can be as involved as much or as little as you wish. That might only be in dealing with the more technical aspects of the estate administration process, namely submitting the inheritance tax papers to HM Revenue & Customs and then making the application for the grant of representation. This will leave you to deal with the collection of the assets, paying off the liabilities and expenses and then distributing the estate in accordance with the Will or in line with the intestacy provisions.

Estate Administration

If we are instructed to deal with all aspects of the estate then we will conclude everything as quickly and efficiently as possible. We will ensure that:

• there is a full investigation into the assets and liabilities of the estate
• all inheritance tax reliefs are secured and all liabilities are paid promptly
• any lifetime income tax and capital gains tax affairs are closed off
• all administration expenses and legacies are paid
• any trusts that arise under the terms of the Will are correctly set up
• a full set of accounts are prepared at the end of the administration
• distributions are made with the benefit of tax certificates where appropriate.

Click here for our Estate Glossary of the main terms that you will encounter when dealing with an estate.

Deeds of Variation

When administering an estate we always need to understand the beneficiaries’ needs and own tax positions as there are often ways of improving the situation through deeds of variation.

Any fully competent beneficiary, whether under a will or by virtue of the intestacy rules, can redirect part or all of his inheritance, either absolutely or in trust, to others and avoid potential inheritance tax and capital gains tax charges that could otherwise arise.

Estate Dispute Resolution

It is not always the case that wills are written, or estates and trusts are administered, without disputes arising. Our team can advise on:

• contesting or defending the validity of a Will
• making or defending an application under the Inheritance (Provisions for Family and Dependants) Act 1975
• compelling personal representatives and trustees to undertake their functions correctly
• defending personal representatives and trustees against actions from disaffected beneficiaries and other parties
• making or defending proprietary estoppel claims
• general advice to personal representatives, trustees and beneficiaries regarding their rights and obligations.

Book a Free Appointment

Frettens are pleased to offer a free initial consultation for all new clients. We have always offered this service because we recognise the importance for clients of deciding whether they can work with a particular solicitor and to find out more about the process and likely outcome. Our private client lawyers offer positive, down to earth advice, and we hope that this initial meeting allows you the time to see this as well.

Contact a member of our Private Client Team to arrange a free initial appointment at either our Christchurch or New Forest office, where you will be able to meet your solicitor with no obligation or charge.