WHAT WORK WILL BE UNDERTAKEN?

Wills

A properly and professionally drafted Will usually saves costs and ensures that the wishes of the Testator/Testatrix are followed. An individual making a Will can specifically choose his/her Executors/Trustees/Guardians and decide what specific gifts to make and to whom to leave the residue of the estate. Protective provisions can be included to meet different circumstances, e.g. second marriages where there may be different children on both sides of the family. Further, it is not always inevitably the case that a couple (married or otherwise) would wish for the entire estate to pass to the survivor. Other considerations may be relevant e.g. Inheritance Tax, possible future assessment of contributions to residential care fees. Whilst in England/Wales we have no “forced” inheritance as exists in such jurisdictions as France, there is a safety net provided by the Inheritance (Provision for Family and Dependants) Act 1975 under which qualifying individuals (spouse, children, dependants) might be able to make a claim against an estate. A properly drafted Will may therefore serve to avoid uncertainty and even litigation. In short, appointing attorneys and executing a valid Will covers the individual for his/her lifetime and beyond!

Typically, the work involved will include:

• Talking through your circumstances and providing initial advice
• Taking instructions for the appointment of Executors/Trustees/Guardians; specific gifts of property/funds to individuals or charities; determining whether absolute or life interest gifts are required; considering discretionary provisions if necessary; dealing with distribution of residuary estate; confirming burial/funeral wishes
• Obtaining details of estate assets and liabilities; considering tax implications; considering potential residential care fee contribution assessment
• Submitting draft Will for approval and subsequently dealing with any necessary amendments
• Engrossing Will for signature and overseeing the valid execution of Will in front of two independent witnesses or confirming requirements under the Wills Act if Wills are to be executed away from our offices
• Offering to keep original executed Wills in safe custody at our offices (at no additional charge) and providing copies of Wills as required

Winding up/Administration of the estate on death

When a person passes away it is often a most distressing time for the family. Henchleys provide a sympathetic and practical approach helping to guide personal representatives (Executors or Administrators) through the probate and estate administration processes. The service provided by the firm is tailored to the needs of the family/personal representatives. There may be occasions when the family is able to deal with all matters themselves. If so, Henchleys offer a free initial consultation to provide help and guidance.

Frequently, however, personal representatives (and family members) find it a comfort to entrust the administration of an estate to solicitors. If so, Henchleys may be instructed to:

• Either simply apply for and extract Grant of Probate (preparation of IHT Return and Oath to be sworn by Personal Representative(s)
• Or, apply for/extract Grant of Representation and deal with the administration of the estate (call in estate assets, discharge estate liabilities, prepare Executor’s Cash Account, prepare Distribution Account, account to beneficiaries and obtain receipts and final winding up of the estate).

Within the above procedures, the personal representative(s) might provide all necessary details of estate assets and liabilities or, again, may request Henchleys to obtain these necessary details. In this way, the personal representatives may be involved as much or as little as they wish.

Typically, the work upon the administration of an estate will include:

• Talking through your circumstances and providing initial advice
• Provide you with a dedicated and experienced probate solicitor to work on your matter
• Identify the legally appointed executors or administrators and beneficiaries
• Accurately identify the type of Probate application you will require
• Obtain the relevant documents required to make the application
• Complete the Probate Application and the relevant HMRC forms
• Draft a legal oath for you to swear
• Make the application to the Probate Court on your behalf
• Obtain the Probate and securely send two copies to you
• If so instructed, call in estate assets and liabilities upon the administration of an estate; prepare Executor’s Cash Account/Distribution Account and deal with the winding up of the estate. Collect and distribute all assets in the estate