when to take professional advice

We recommend that Executors/Administrators should seek professional advice and assistance when :

  • the deceased owned property (including a house, flat, land or other buildings) and which was not held as a joint tenant
  • the deceased owned any property or other assets abroad
  • the deceased was in business whether as a sole trader, in partnership, or through a limited company at the time of death
  • complex taxation and valuation issues are likely to arise
  • claims may be made against the estate including disputes about the Will and possible claims under the Inheritance (Provision for Family and Dependents) Act 1975
  • the Will cannot be found
  • the validity of the Will is in question

  • no Will exists and there is uncertainty as to who is entitled to inherit
  • Inheritance tax is likely to be due

  • you are unlikely to have the time or expertise to administer the estate personally
  • you are unclear as to how the intestacy laws operate
  • beneficiaries cannot be traced
  • continuing trusts arise from the Will
  • a Deed of Variation is being considered
  • there is a life interest in the Estate
  • the Estate may be insolvent
  • the Deceased was involved in any court proceedings at the date of death

Failure to administer an Estate in compliance with the law can have serious consequences and can result in an executor/administrator being the subject of legal action by beneficiaries for negligence or breach of trust. Oak Tree Probate Solutions can provide a full range of probate services for you from dealing with complete administration of an Estate to advising on or assisting with any specific aspect of that Estate which might be causing difficulties.   For information about our probate services click here.

When you feel you may need additional information or assistance please contact us. We would be happy to discuss with you how we can best work together to administer the Estate.