Wills & Probate
Probate is the generic term used to describe the administration of estates. In practical terms, probate is the legal process of obtaining authorization from the courts to deal with the affairs of a deceased person either in accordance with the terms of that person’s Will, or in accordance with the terms of the intestacy laws.
The probate process has two principal objectives in mind:
- Ensure that the correct people deal with the estate and that it ends up in the hands of the right people.
- Satisfy the requirements of HM Revenue and Customs in relation to the finalization of the person’s tax affairs to the date of their death and in relation to any liability for Inheritance Tax arising as a result.
In most instances, the process of ensuring that the right people deal with the estate is fairly straightforward and non-controversial. However, occasionally disputes arise and it may be necessary to go to court.
Finalizing someone’s tax affairs to the date of their death will inevitably depend upon the complexity of that person’s tax affairs. Sometimes the revenue deals with this as an automatic process, but in other cases it is necessary to submit a tax return. Inheritance Tax however is much more complicated. If an estate exceeds the threshold for Inheritance Tax it is extremely wise to think about engaging professional assistance.
Once the revenue and the courts are satisfied, the next step is the process of administering the estate. This may require assets to be sold or transferred to beneficiaries.
Inheritance tax issues
Depending upon the complexity of somebody’s affairs, there may or may not be need for legal input. Where things are more complicated and particularly if there is a potential liability to Inheritance Tax, it is generally necessary to get professional assistance with what is called The Probate Procedure.
Do you have an inheritance or probate dispute?
Are you experiencing a probate or inheritance dispute? We can advise you on all types of disputes relating to wills, trusts and probate.
Whether you are an individual beneficiary, a trustee, an executor or an administrator, whether you are a claimant or defendant, we have experience in acting for you.
Call us on 020 3917 9999 or email admin@lincolnlawrence.com to arrange for a Free Initial Consultation.