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Probate and Will, Trust & Estate Disputes

Administering an estate under intestacy rules

We advised the administrators to their late sister’s estate, and that of her late husband, who had died several years earlier.

The matter proven particularly challenging because of having to navigate the rules of intestacy and identify the beneficiaries, the spectrum of assets held, and the forensic exercise undertaken to identify the extent of the estate and administering both estates concurrently.

We were required to ascertain and identify assets, engaging professionals including a surveyor, a stockbroker, and an accountant, to value estate. We had to liaise and negotiate with the District Valuer, and the HMRC to agree the tax position. We also consulted a genealogist to identify the beneficiaries, including those living abroad, and arranged missing beneficiary insurance.

Whilst administering the late sister’s estate, we ascertained that she had not dealt with her late husband’s estate, who had also died intestate. We were required to identify unadministered assets, obtain historical valuations, and obtain a Grant of Letters of Administration in the names of the administrators of the late sister.

We advised the administrators throughout the double estate administration, including the tax treatment, on the transfer and sale of assets and investments, the income tax and capital gains tax position during the administration period.

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