Probate

When someone dies their 'estate' - money, property and possessions - has to be distributed in line with their Will. It's usually necessary for the relatives to apply for Grant of Probate or Letters of Administration to allow them to do this. The process can be difficult when you are coping with the death of a loved one.

How we can help

We can take this responsibility off your shoulders by:

• Advising on inheritance tax and completing HMRC inheritance tax forms
• Contacting everyone who needs to know about the death
• Applying for Grant of Probate or Letters of Administration
• Liaising with the Probate Office and Inland Revenue
• Dealing with banks, building societies, pension companies, insurers, share registrars, etc
• Fully winding up the estate for you

Arranging a meeting

Where possible we meet clients face to face. It may reassure you to meet us in person and gives us the chance to gather all the information we need. All information is treated confidentially.

At our office: You can arrange to come to our office.
At your home: If you'd feel more comfortable talking to us at your home, or your place of work, we'll be happy to visit you there.
Living overseas If you are dealing with the estate of a Canadian resident and you live overseas, we can normally handle processes so you don't need to travel to Canada. We can act as administrator or executor and give you regular progress reports.

Fees

As to fees, unlike High Street banks who can charge up to 10% and solicitors who charge up to 5% of the gross estate, this practice has no scale of charges on our probate matters. Instead, our fees reflect the extent of the work undertaken and where the estate is involved and complex. In all cases, however, the fees are much less than banks and other Solicitors and like to feel that the client receives a more personal service at a realistic price.

Deed of Variation (D.O.V)

A (D.O.V) is a document which changes a Will after they have died. we can even make a Will for somebody who has died intestate (without ever making a Will) by inserting a notional Will in the Deed.

For example, Husband, wife, two children over 18 years all property and assets were in the name of the husband and valued at $800,000, so under the Laws of intestacy at that time his wife receives $125,000 and the remaining balance is divided between his wife in a trust ($337,500) and the two children ($337,500). At that time, the rate above which inheritance tax (IHT) is payable at 40% was $250,000. Although his wife would not have paid any (IHT) due to spousal exemption, the children would have had a tax bill of 40% on their share of the estate ($337,000), so $337,000 minus the Inheritance Tax Free allowance of $250,000 would leave a taxable amount of $87,000 which is taxable by 40%, amounts to $34,800 (IHT) payable.

A Deed of Variation was entered into creating a notional Will giving all of his estate to his wife who has 100% spousal exemption for (I.H.T) Of course, in order for the (D.O.V) to be legal then all the persons who are affected by the laws of intestacy have to agree and sign it.

International Probate

Now and again someone dies who resides in another country with assets in Canada which have to be dealt with in accordance with the wishes laid down in their Will. Canada probate registry will not issue a grant unless a trustee domiciled in the Canada is appointed and applies for a grant under the laws of Canada.

We have taken on this role on many occasions and dealt with the assets in the Canada and distribution. This is a specialist area which we have much experience in, further information can be obtained from this practice.