New Milton Advertiser 20th Nov 2020

24 · Friday 20th November 2020

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Probate can often involve a com- bination of complicated legal, tax and financial work which may have to be handled by solicitors. It is the legal and financial pro - cess involved in dealing with the property, money and possessions of a person who has died. If the de - ceased had a valid Will, they may have named someone to deal with their assets. This person is the ex - ecutor and they will have the re - sponsibility of administering the estate. If there is no Will, then the rules of intestacy apply. When there is a will If you are named as an executor, you may need to obtain a Grant of Representation depending upon the value of the deceased’s estate. This is the legal document issued by the Probate Registry which grants you the right to administer the es - tate. The executor uses the grant to show that they have the right to ac - cess the deceased’s bank accounts and all their funds, manage the fi - nances and collect and distribute the deceased’s assets, as per the instructions in the Will. When there is no Will When there is no will, the de - ceased is said to have died intes - tate. There are rules that set out which family members will benefit from an intestate estate and these are known as the intestacy rules. If the deceased didn’t have a Will, then it will usually be up to the spouse or one of the family mem - bers who are due to benefit under the intestacy rules to administer the estate. They will still have to ap - ply for a Grant of Representation, but the grant given is called a Grant of Letters of Administration. AFTER A DEATH: The complications of obtaining Probate When do I need a Grant of Representation? Probate is usually required when: • The person who has died owned a property or land; and/ or • The deceased owned a bank account or investment for which the bank or other financial institution requires a Grant. This is normal if the amount in the account is over the specific threshold set by that institution. • Banks and other financial institutions set their own limits above which probate individual organisation as to whether they need a Grant of Representation. Obtaining the Grant of Representation To execute a Will, you will usual - ly need to obtain the Grant of Pro - bate or Letters of Administration. The Grant of Representation refers to the grant that you must obtain to carry out probate. The kind of grant that you need will depend on your circumstances. The Grant of Representation will make it possible for you to access all of the deceased’s assets, such as their bank and building socie - ty accounts. Doing so without the Grant of Representation would be very difficult, if not impossible. However, the Grant of Representa - have much money in their accounts – a bank or building society may be willing to release the funds without a grant • Their properties, bank or building society accounts and insurance policies were joint- owned by a surviving spouse or civil partner. In the event of joint-owned ac - counts, the bank or building soci - ety may be willing to transfer sole ownership to the surviving civil partner or spouse if you present them with the death certificate. However, if they had any sole ac - counts, you will most likely need the Grant of Representation. You can obtain the Grant of Pro - bate or Letters of Administration by contacting your local Probate Registry. You can do this by filling out and returning Probate Applica - tion form PA1. Ideally, this process will take be - tween three and five weeks. How - ever, if there are other complica - tions — if there is inheritance tax to pay, or you make a mistake in filling out a form, for instance — obtaining the Grant could take a lot longer. You will also need to contact HMRC to pay any inheritance tax due on the estate. will be required, so it’s worth checking with the tion may not be needed if: • The deceased did not The Grant of Representation will make it possible for you to access all of the deceased’s assets.

Have you been left out of a Will or inadequately provided for?

I f you have been left out of a loved ones Will or inadequately provided for within it, then you may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975. How to claim under the Inheritance Act 1975:- The aim of the Inheritance (Provision for Family and Dependents) Act 1975 is to make further financial provision for those who: • have not inherited as a result of intestacy (where there is no will); • have been left out of a will entirely; or, • have not been left as much as they need You could be eligible to make an Inheritance Act claim if you were: • the spouse/civil partner of the deceased; • the former spouse/civil partner of the deceased who has not remarried or entered into a further civil partnership;

• living with the deceased for at least two years prior to their death; • the deceased’s child (which includes an adult child); • treated as the deceased’s child (for example, but not necessarily, adopted, fostered or a step-child); or • if you were being “maintained” by the deceased Some common cases of this nature involve cohabiting couples who die without leaving a Will. In these circumstances the estate of the deceased follows the intestacy rules which will not see the cohabiting partner benefit but in - stead his immediate family. Other cases often involve a second marriage where the deceased is keen to ensure inheritance for children from a first marriage but leaves insufficient funds for his spouse to survive on.

Some common cases of this nature involve cohabiting couples who die without leaving a Will.

If you concerned about these issues, Heppenstalls Solicitors can help you explore the issues in a friendly and informal way. If you would like to make an appointment, or to talk to our team about this article, please contact us on 01425 610078 or 01590 689500.

We’ve moved!

S teve Simpkins started Simpkins & Co 16 years ago at an office in Brearley House, Highcliffe. After several years of successful trading, the business moved to a larger office in the same building until early November of this year. With lockdown affecting how many firms have had to adapt their working practises, and home-working becoming the new ‘norm’, we made the decision to move to a smaller office at 59 High Street, Lyndhurst. We will all carry on working from home, as we have found this functions well for us, but once it’s safe to open to the public, the new office will be staffed during the week, and we will be welcoming existing and new clients to visit us there. We will, of course, miss Highcliffe and our office neighbours at Brearley House, especially after so many years, but we now anticipate a different, equally effective period for the company for many years to come. Lyndhurst is a beautiful village with a

We made the decision to move to a smaller office at 59 High Street, Lyndhurst.

long, interesting history, and we look forward to becoming part of the friendly community there. Simpkins & Co is a firm of solicitors who specialise in personal injury and clinical negligence compensation claims, and we have many years’ experience of successfully handling all types of claims. Steve Simpkins and Emma Dryden are Senior Litigators with the Association of Personal Injury Lawyers (APIL), and Steve also holds a Law Society Personal Injury Accreditation.

If you think you may have a claim, email the details to info@simpkinsand.co.uk for a confidential, free consultation. Alternatively, call us on 01425 275555 for further information.

Do you need help ensuring that your wishes will be carried out if anything should happen to you? Give a Gi

The best present you can give.

New Milton Office 01425 610078 Lymington Office 01590 689500

www.heppenstalls.co.uk enquiries@heppenstalls.co.uk

Conveyencing | Wills | Powers of Attorney | Trusts | Probate | Estate Planning