Administering the Estate of the Deceased

If a family member or friend has died and you are named as an Executor in their Will, do you need to have a Probate Solicitor help administer the estate?

There is no obligation for an Executor to engage a Probate Solicitor to administer the estate. However, as Executor, the obligation is yours to fully administer the estate, this includes (this list is not exhaustive); the transfer and encashment of assets, dealing with any property, applying for a Grant where applicable, dealing with any Inheritance Tax or any other taxation issues, paying all debts and distributing the estate.  However, many Executors approach us and ask us if we will assist with or deal entirely with the administration of the deceased’s estate.

In what circumstances might an Executor engage our services to assist them?  There are many reasons as follows:-

• The deceased is the survivor of a husband/wife/civil partner.
• The Estate may be over the IHT threshold.
• There are many assets to be dealt with and encash.
• There is a property to be sold or transferred.
• The Will may be challenged.
• You need to apply for a Grant of Probate.
• There may be Trusts or tax issues to be dealt with.
• There may be other complications or tensions between family members or Executors.
• Unusual requests or assets outside the UK.
• You may feel that the help and support from a professional would be beneficial.

Our Private Client Team at Colchester and Dunmow are available for appointments so please do give us a call either at the Colchester office on 01206 577676 or our Dunmow office on 01371 873277.

Any email enquiries can be sent to [email protected]

In September 2021, it was ruled that the Duke of Edinburgh’s Will that was executed on 5^th June 2013 is to remain secret for at least 90 years.

​It has been a standard procedure for over a century that after the death of a senior member of the Royal Family, the Courts are asked to seal their Wills. This means that it will not be open to public inspection.

Furthermore, the value of the estate declared for a Grant of Probate would also be excluded and not open to the public. This was ruled by the High Court to protect the “dignity and standing” of the Queen and the Royal Family.

Unlike Wills that are granted probate, they do become public. By law, when a Grant of Probate is made with respect to a deceased’s estate, any Wills or other documents that are relevant to the Grant must be open to inspection.

Interestingly, the President also revealed that he is the custodian of a safe containing the wills of 30 deceased senior Royals. It’s understood the first family member whose will was sealed by the Court in 1910 was Prince Francis of Teck, the younger brother of Queen Mary.

However, one will that was not sealed was that of Diana, Princess of Wales. Unlike other members of the Royal Family, her Will was published after her death in 1997. She gave quite a few legacies to her godchildren, but the remainder of her estate was divided between her sons when they reached the age of 25.

The President of the family division Court, who is also head of the Probate Registries ruled that after 90 years after the Grant of Probate, an “initial and private process will be undertaken to consider whether at that stage the will may be unsealed and made public”. The physical process of unsealing must be conducted by a professional archivist to ensure that the document and its seals are properly preserved.

The last time a request was made to unseal a Royal’s Will was in 2007. Robert Brown requested to make the Will of the Queen Mother and Princess Margaret available, claiming he was the illegitimate child of Princess Margaret. This was not allowed, and was a decision upheld by the Court of Appeal as an “imaginary and baseless claim”.

Our Private Client Team at Colchester and Dunmow are available for appointments at the offices so please do give us a call at the Colchester office on 01206 577676 or our Dunmow office on 01371 873277. Any email enquiries can be sent to [email protected]

Your Will and Inheritance Tax Planning

There are many reasons to ensure that your Will is up to date and relevant to your circumstances. One of the biggest is ensuring that on your death, your wishes are followed rather than your estate being divided subject to the Intestacy Rules – a set of rules that determines who will inherit your estate.

However, ensuring your Will is up to date also provides an opportunity for you to undertake any necessary tax planning.

A key part of the estate planning process, is to assess your financial estate against your personal circumstances to understand what your inheritance tax liability would be. Once you know this, you can work with your Solicitor, and if necessary, a Financial Advisor to legitimately plan for the future of you and your loved ones both before and after your death.

What is surprising to many people currently is that tax planning is no longer considered to be an exclusive activity for the very wealthy.

With continually raising house prices and an inheritance tax allowance that has been fixed now since 2009 many people are finding that even with just a property and modest savings, they need to consider the inheritance tax implications of their estates. 

Further food for thought is that receipts from HMRC Tax and NIC Receipt data shows that in the tax year 2020 -2021 the treasury collected £5.3 billion in inheritance tax revenue.

Working with a Solicitor on your Will is the first step to ensuring that your loved ones are not left with an unexpected inheritance tax bill.

For further information or to make an appointment please call the Colchester office on 01206 577676 or our Dunmow office on 01371 873277.

Any email enquiries can be sent to [email protected]