insideKENT Magazine Issue 58 - January 2017 | Page 44

ADVERTISEMENT FEATURE

HELP WHEN YOU NEED IT :

A GUIDE TO PROBATE

with T G Baynes Solicitors
THE LOSS OF A FAMILY MEMBER OR FRIEND CAN BE A DIFFICULT TIME , OFTEN MADE WORSE BY CONCERNS ABOUT DEALING WITH THE FORMALITIES OF THE ADMINISTRATION OF THE ESTATE . OFTEN REFERRED TO AS “ PROBATE ”, THIS PROCESS INVOLVES COMPLETING THE NECESSARY LEGAL AND FINANCIAL PROCESSES TO ENABLE THE DECEASED ’ S ASSETS AND LIABILITIES TO BE COLLECTED , PAID AND MAKING DISTRIBUTIONS TO THOSE ENTITLED TO BENEFIT FROM THE ESTATE .
An application to the Court will be necessary if a Grant of Representation is needed to enable the appropriate persons to deal with the deceased ’ s assets and liabilities . The processes involved are similar whether a person has died with or without having made a will and at T G Baynes we have a team of specialist solicitors experienced in dealing with all aspects of the administration of the estate in a professional , easy to understand and sympathetic manner .
The legal services can usually be offered on a fixed fee basis , agreed at the outset of the matter , which offers our clients the comfort of knowing how much is going to be payable and removes any additional concerns about ongoing fees .
Quite often , a person ’ s estate will include a property which will need to be sold or transferred as part of the administration process . We can advise upon and complete all formalities necessary to achieve the sale or transfer and advise to ensure that this is done in a tax efficient manner .
One of the most complicated parts of the process which can arise is dealing with the various taxation issues ( including Income Tax , Capital Gains Tax and Inheritance Tax ) and our team are able to advise to ensure that all taxes are correctly calculated and paid within the appropriate deadlines . We can also consider , advise and take action to ensure that any available tax mitigation which can be applied for the benefit of the estate or the beneficiaries are fully utilised . In certain circumstances , tax savings can be achieved even after someone has died and we can advise in relation to whether these circumstances would apply .
If the deceased had foreign assets , such as a property or investments abroad , the equivalent of a Grant of Representation will also be required to be obtained in the relevant country . Investments in the Channel Islands or the Isle of Man count as foreign assets for these purposes . We are experienced in liaising with lawyers in foreign jurisdictions and dealing with their requirements .
Sadly , there are times when family relationships have broken down and there are elements of the administration of the estate which are open to dispute . We can advise on all aspects , including making or defending a claim and have an experienced Litigation team to assist in connection with such cases .
In addition to dealing with matters relating to the administration of estates , our team is also able to advise on all aspects of later life planning including the preparation of Wills and Lasting Powers of Attorney , Inheritance Tax mitigation and elderly planning advice and applications to the Court of Protection .
T G Baynes has offices in Orpington , Bexleyheath and Dartford . To make an appointment , call 01689 886000 or email info @ tgbaynes . com
www . tgbaynes . com
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