Bereavement Legal Advice

Date Added 16.06.16

Here for you at a time when nothing makes sense

At a time when nothing makes sense, you can Talk to Tollers’ Trust and Estates team for friendly advice, peace of mind and expert guidance.

In this article, Tonina Ashby from our experienced Trust and Estates team highlights some common issues faced when someone passes away and a brief summary of how we can help you through them at this difficult time.

“I don’t know where to start”

The first step is to contact the local registrar to arrange for the death to be registered within 5 days. Once the Will is located (if any) it is then time to pick up the phone and Talk to Tollers.

“I don’t understand the Will”

Our staff are legally trained to accurately interpret and explain the terms of the Will in a way which is free of jargon, clear and easy to understand.

“There is no Will”

As legal professionals, our teams have a good understanding and knowledge of the rules of intestacy, which govern where the assets will go if the deceased left no Will. We can also offer advice and assistance in tracing and locating beneficiaries.

“I am an Executor- What do I do?”

Your role is to carry out the wishes set out in the Will by collecting in the assets of the estate, settling any debts and distributing the balance to the beneficiaries. Tollers can confirm the correct interpretation of the Will and the extent of your role as Executor.

“What is Probate and do I need it?”

Having a Will does not eliminate the requirement for Probate. Probate operates as a confirmation of the Will and is required by certain institutions before distributing or releasing the deceased’s assets. It is therefore important to seek advice at an early opportunity to determine the correct approach for the estate.

“There is no Will. Is Probate needed?”

A Grant of Representation may still be required if the deceased did not leave a Will. In this instance, the document is known as “Grant of Letters of Administration” instead of “Probate”. As with Probate, this document is required by some institutions before assets can be released. Talk to Tollers to find out whether this is required in the estate you are dealing with and an experienced team member can help you to achieve this.

“I don’t know how to get Probate”

Our Trust & Estates team are highly experienced in this area. Talk to Tollers if you would like us to remove the stress from you by preparing all of the necessary paperwork – all for a competitive fixed fee.

“Is there Inheritance Tax to pay?”

This will depend on the size of the estate at death and the particular circumstances of the deceased and their Will. Our team will assess the estate at the initial advice meeting to provide confirmation of whether tax will be due for the estate.

“Probate has been obtained – what happens next?”

Tollers can also assist with the administration of the estate to include dealing with the collection and distribution of assets and the settlement of any liabilities. We can provide a costs estimate at the initial meeting based on the amount of work anticipated.

“The estate includes a property to be sold”

We also have dedicated conveyancing teams who work closely with Trust & Estates to provide a swift and efficient service. They will be able to process the sale for you for a competitive fixed fee.

Tollers offer free initial advice meetings to provide guidance on the effects of Wills, intestacy, inheritance tax and obtaining Probate. Talk to Tollers for professional and compassionate legal advice.

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