Case Study – The Estate of KF (Deceased)

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Case Study – The Estate of KF (Deceased)

We accepted instructions from the executor of Mrs F, a former client of the firm who had previously instructed us to draft her Will and a Lasting Power of Attorney.

Mrs F unfortunately passed away in December 2015. Our instructions were to obtain the grant of probate and administer the estate of Mrs F in February 2016.

Mrs F had executed a valid Will, which appointed her husband as the sole executor. However, Mrs F’s husband had predeceased her and her family were concerned this would cause a problem with getting Probate. Fortunately a substitute executor had been appointed by the Will. On receiving the instructions, we immediately put the family’s mind at rest, as understandably they were overwhelmed with the probate process so soon after the passing of Mrs F.

We ensured that we contacted all relevant third parties (including banks, utility companies and the local council) of Mrs F’s death and as a result created a direct line of communication to us, rather than the executor or Mrs F’s family. This simplified the probate process and enabled us to receive details of all outstanding assets and liabilities in Mrs F’s estate in a quicker fashion to allow us to draft the relevant estate accounts.

Mrs F’s estate comprised of her main residence and a couple of bank accounts with modest sums. The firm had also been instructed to deal with the sale of the property, which was being handled by our conveyancing team.

The sale price of the property had been agreed and we also received confirmation from the relevant banks as to the date of death values of Mrs F’s accounts. On receipt of this information, the executors oath and the relevant HMRC tax form were drafted by JMW LLP and sent to the executor for their approval. This meant that the family did not have to worry about completing the correct forms or having to make an appointment to attend the Probate Registry.

Once the family has approved the inheritance tax form we accompanied the executor to a local solicitors’ firm to swear the oath. We were then able to deal with the Probate Registry by post and received the Grant of Probate within 10 days. This allowed the executor to complete the sale of the property on time.

By ensuring clear communication with the executor and Mrs F’s family, we were able to deal with the instructions in an efficient manner and take away the administrative burden. Demonstrating understanding of the difficult circumstances with Mrs F’s family gained their trust and enabled the process to be as seamless as possible.

To discuss a similar case with our team please do not hesitate to contact us using the form above. 

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For advice on any aspect of an LPA, speak to our team today. We can guide you through any issue you may be having. For more information on how we can help you, call us today on 0345 872 6666 or fill out an online contact form to arrange a callback.

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