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Estate administration - Frequently asked questions

• What services can a solicitor provide in handling the estate of someone who has died?
• What services can be provided for the longer-term administration of Will Trusts?
• As a beneficiary, how can the distribution of an estate be changed?
• My relative has died - what action do I need to take?

What services can a solicitor provide in handling the estate of someone who has died?

We can provide a full and comprehensive service for the administration of an estate in accordance with a valid Will or on intestacy (where there is no Will) on behalf of the Personal Representatives (the executors appointed by the Will or administrators on intestacy). This includes obtaining all the information required to apply for a Grant of Probate or Letters of Administration and preparing the necessary documents for lodging with the Probate Registry, including a detailed Inland Revenue Account.

Once Probate or Letters of Administration have been obtained, the administration of the estate can proceed, with the sale or transfer of the assets of the estate, payment of all liabilities and any taxes which may be due, in particular inheritance tax, and the distribution of the estate to the beneficiaries entitled.

All other tax matters will also be finalised to the date of death. The estate administration may also include dealing with the disposal or transfer of property, shares or a business interest, and assets or property situated abroad.

The setting up of any trusts created by a Will or on intestacy is included, and the beneficiaries of the estate may also need assistance in relation to management of their inheritance and all related issues.

What services can be provided for the longer-term administration of Will Trusts?

We can provide all the necessary assistance to trustees in connection with the administration of Will Trusts, including advice and assistance to them in carrying out their trust duties. In particular this is likely to entail the investment of the trust funds (appointing and liaising with the trust's financial advisers), payments to the beneficiaries, preparation of trust accounts and all tax administration and tax returns (with the trust accountants where appointed).

As a beneficiary, how can the distribution of an estate be changed?

A Deed of Variation can be entered into by some or all of the beneficiaries of an estate, whether under a Will or an intestacy, to provide for a re-direction of some or all estate assets, or their share of the estate. This can be used to reduce potential Inheritance Tax chargeable in the future, provided it is carried out within two years of the death, and also to create trusts or to cater for individuals for whom the main beneficiaries of the Will or intestacy feel that some provision should be made. Full advice on Deeds of Variation can be provided and the documents prepared.

My relative has died - what action do I need to take?

Please telephone us initially and we will give you caring and immediate advice on what needs to be done. We can then arrange an appointment to discuss in more detail the administration of the estate and the information we will need to assist you.