The legal process of administering an estate after someone passes away can be complex and challenging to navigate, particularly for individuals attempting to handle it without professional assistance.
In this collection of legal blogs, we present a series of case studies illustrating the issues individuals may encounter when taking on the role of executor without seeking legal advice.
Case study 2 – John
John is the executor of his late mother’s Will. John’s mother was a widow, and her assets were valued at £950,000.
John's application
John completed the inheritance tax calculator on the GOV.UK website, which advised him that the estate did not need to pay inheritance tax. On that basis, John decided to apply for probate himself online, without completing any inheritance tax forms. John applied directly to the probate registry.
How things went wrong
After 4 months, John was advised that his application had been “stopped”. This is what the probate registry calls it when the application cannot continue, because they need further information or there is an error. The probate registry advised John that he needed to submit an inheritance tax form to HMRC before he could proceed. John reviewed the forms online and based on their complexity, decided to instruct a lawyer to assist going forward.
Speaking to a lawyer, and solving the issues
The lawyer was able to review John’s family’s situation in full and discovered that the estate was subject to inheritance tax. John’s late father had given several lifetime gifts before passing away and contrary to John’s initial understanding, it was not possible to fully utilise the inheritance tax allowances that John thought would apply. In addition, because 6 months had passed since John’s father’s death, HMRC was charging daily interest on the late payment of inheritance tax. Fortunately, the lawyer was able to advise John on how to arrange for the inheritance tax to be paid from funds that were frozen in the bank accounts, and payment was made promptly. The lawyer was then able to guide John through the remaining administration process smoothly.
Summary: the benefits of professional legal advice
John’s experience highlights the risks associated with attempting a DIY probate and the benefits of engaging professional legal representation. By partnering with a lawyer, individuals can avoid common pitfalls, streamline the probate process, ensure compliance with legal requirements and keep professional costs and interest on tax to a minimum. As this case demonstrates, seeking legal assistance early on can save time, mitigate stress, and ultimately lead to a smoother process.
For expert legal assistance with probate matters, contact BakerLaw Solicitors at privateclient@baker-law.co.uk . We will be happy to provide details of the services we can offer and advise as to the next steps.
This case study is provided for informational purposes only and does not constitute legal advice. Readers are encouraged to consult with a qualified lawyer for personalised guidance tailored to their individual circumstances.
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