Tax, Wills and Probate

Estate Administration

The legalities involved following a death in the family can be overwhelming, it is a difficult time. We can guide you, and explain how that person's estate will pass (under the terms of his or her Will or the rules of intestacy) and what steps are needed for probate and tax purposes.

We administer simple and complex estates for those who die domiciled in the UK or abroad.  Should a claim be brought (or need to be brought) against the estate we would work closely with our litigation colleagues in the conduct of the claim.

Typically, our clients refer to us for our expertise in:

• Devolution aspects and any issues raised due to the particular way in which the Will has been drafted or on intestacy
• Domicile issues and resolving these with HM Revenue and Customs
• Tax planning measures which can be achieved by varying the terms of the Will, using a Deed of Variation, within two years of death
• Accounting for income tax and capital gains tax for the period up to the date of death and during the administration period
• Dealing with potential claims to the estate under the Inheritance (Provision for Family and Dependants) Act 1975
• Advising executors and beneficiaries in probate disputes
• Negotiating with the Revenue on valuation issues
• Completing HM Revenue and Customs forms, including any claim for a transferable nil rate band between spouses and civil partners
• Preparing estate accounts to ascertain the amount of Inheritance tax due
• Advising how to raise funds to pay any inheritance tax due
• Preparation of the necessary probate papers to apply for a grant of representation
• Collecting in assets and settling all liabilities, advertising for creditors and dealing with all aspects of distribution of the estate
• Reporting any changes in the nature of the estate, post-Grant, to the Revenue and arranging for clearance, if necessary.
• Liaising with foreign lawyers in order to realise foreign assets and obtain a grant of probate in a foreign jurisdiction
• Advice on conflict of laws issues from a UK perspective
• Distributing a deceased Lloyds Name's estate and applying for the appropriate consent from the court
• We can work and share tasks with other professionals, such as accountants, who have knowledge of the estate

We believe in building and retaining a personal relationship with our clients.  It is important to us that we are accessible and that we explain legal matters in everyday language.  Our aim is to provide you with a sympathetic and practical service during the administration of an estate.

Please contact Matthew Duncan on 020 7814 1200 or mduncan@kingsleynapley.co.uk for further information about the service we can provide.