Where you have complex family or financial circumstances, then it is advisable to appoint professional executors to administer the estate. For example, this may be the case where you intend to exclude family members or if you have a business, investment properties and/or overseas assets.
We do not charge you a fee if you appoint the partners of Bishop & Sewell as Executors of your Will.
Alternatively, you may have been named an executor under the Will of someone that has died and aren’t sure what to do next. The complexities of inheritance tax, probate and administration can be tricky to navigate, especially during times of grieving.
If so, we can also help. Having a local, efficient and experienced lawyer in your corner can make all the difference when applying to Court for legal authority to deal with the deceased’s estate.
The main duties of an executor are to:
If a spouse, civil partner or other family member dies without having a valid Will, their estate is distributed under the intestacy rules. There is a strict statutory order of whom would inherit their estate, which would be administered by the deceased’s closest relative.
The key points to be aware of are:
The remainder of the estate is split equally into two halves. The surviving spouse or civil partner takes one half absolutely and the other half is divided equally between the surviving children.
If you are a family member in this situation, contact us and we will discuss how we can help and guide you through this process.
You may need help collecting assets in England and Wales where the deceased died whilst living in a foreign country, but some part of their estate is within England or Wales.
The foreign country may have granted a Grant of Probate, but that doesn’t mean you can collect the English assets using that same Grant.
Under certain circumstances, there is an option for the English court to ‘reseal’ a Grant of Probate obtained in the foreign country. This avoids the need for the Executors to apply for a fresh Grant to release any assets such as funds, shares, or property held in England and Wales.
If you hold a foreign Grant of Probate (or Letters of Administration) and need it to be recognised under English law, then ‘resealing’ the Grant may be the easiest option. Contact us and one of our friendly experts will discuss how we can help and guide you through this process.
One of our expert team would be happy to contact you to discuss your circumstances, and how we can best help.