ADVERTISEMENT FEATURE
HELP WHEN YOU NEED IT:
A GUIDE TO PROBATE
with T G Baynes Solicitors
THE LOSS OF A FAMILY MEMBER OR FRIEND CAN BE A DIFFICULT TIME, OFTEN MADE WORSE BY CONCERNS ABOUT DEALING WITH THE FORMALITIES OF THE ADMINISTRATION OF THE ESTATE. OFTEN REFERRED TO AS“ PROBATE”, THIS PROCESS INVOLVES COMPLETING THE NECESSARY LEGAL AND FINANCIAL PROCESSES TO ENABLE THE DECEASED’ S ASSETS AND LIABILITIES TO BE COLLECTED, PAID AND MAKING DISTRIBUTIONS TO THOSE ENTITLED TO BENEFIT FROM THE ESTATE.
An application to the Court will be necessary if a Grant of Representation is needed to enable the appropriate persons to deal with the deceased’ s assets and liabilities. The processes involved are similar whether a person has died with or without having made a will and at T G Baynes we have a team of specialist solicitors experienced in dealing with all aspects of the administration of the estate in a professional, easy to understand and sympathetic manner.
The legal services can usually be offered on a fixed fee basis, agreed at the outset of the matter, which offers our clients the comfort of knowing how much is going to be payable and removes any additional concerns about ongoing fees.
Quite often, a person’ s estate will include a property which will need to be sold or transferred as part of the administration process. We can advise upon and complete all formalities necessary to achieve the sale or transfer and advise to ensure that this is done in a tax efficient manner.
One of the most complicated parts of the process which can arise is dealing with the various taxation issues( including Income Tax, Capital Gains Tax and Inheritance Tax) and our team are able to advise to ensure that all taxes are correctly calculated and paid within the appropriate deadlines. We can also consider, advise and take action to ensure that any available tax mitigation which can be applied for the benefit of the estate or the beneficiaries are fully utilised. In certain circumstances, tax savings can be achieved even after someone has died and we can advise in relation to whether these circumstances would apply.
If the deceased had foreign assets, such as a property or investments abroad, the equivalent of a Grant of Representation will also be required to be obtained in the relevant country. Investments in the Channel Islands or the Isle of Man count as foreign assets for these purposes. We are experienced in liaising with lawyers in foreign jurisdictions and dealing with their requirements.
Sadly, there are times when family relationships have broken down and there are elements of the administration of the estate which are open to dispute. We can advise on all aspects, including making or defending a claim and have an experienced Litigation team to assist in connection with such cases.
In addition to dealing with matters relating to the administration of estates, our team is also able to advise on all aspects of later life planning including the preparation of Wills and Lasting Powers of Attorney, Inheritance Tax mitigation and elderly planning advice and applications to the Court of Protection.
T G Baynes has offices in Orpington, Bexleyheath and Dartford. To make an appointment, call 01689 886000 or email info @ tgbaynes. com
www. tgbaynes. com
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