Doctrine of Election – Context of Wills

What is the Doctrine of Election? The Doctrine of Election is an equitable principle that can be applied to a Will to ensure fairness in the distribution of an estate and to stop beneficiaries from taking advantage of contradictory positions (often inadvertently created by the Testator). The Doctrine of Election arises when a Will provides […]

Wills and Wonts – 10 Basics on Wills

According to the 2024 IRN Legal Wills and Probate Consumer Report, only 36% of adults in the UK have a Will, which is incredibly low given the benefits of Wills. Here’s 10 basics on Wills. Who inherits – Without a Will, UK Intestacy Rules apply which doesn’t necessarily mean your spouse would inherit your whole […]

When someone dies: a step by step guide to administration

When someone dies, the administration can seem overwhelming at what is a very difficult time. We take a look at each step to be taken. Following a death, dealing with all of the necessary paperwork is an onerous task. If a Will is left, it will appoint an executor who will be responsible for carrying […]

What should you do if a beneficiary cannot be located?

The job of the executor or administrator of an estate includes distributing assets to the beneficiaries. When a beneficiary cannot be found, it can cause complications. After someone dies, their estate will be wound up by their personal representative. If they have left a Will, this will name an executor to carry out this job. […]

What expenses can the Executor of a Will claim?

The person named in a Will as the executor is responsible for the winding up of the estate when someone dies. The role can be onerous and time-consuming as well as involve numerous expenses. Dealing with the administration of an estate can be complex. An executor cannot claim for the time they have incurred; however […]

The drawbacks to being a private executor

An executor, appointed in a Will to finalise someone’s affairs after their death, can be either a professional or a private individual. According to a survey conducted by market research consultancy IRN entitled UK Wills, Probate and Trusts Market 2020, the number of private executors has increased over the past decade. Despite this, the majority […]

How long does an executor have to wind up an estate?

When someone dies, their representative has the job of winding up their estate and finalising their affairs. If they have left a Will, then their representative is known as the executor of their Will. If there is no Will, then the job is undertaken by their administrator, appointed in accordance with the Rules of Intestacy. […]

Should you appoint a professional executor or a private individual?

When you make a Will, you should appoint one or more executors to deal with the administration of your estate after your death. You can either choose a trusted relative or friend or appoint a professional. An executor is responsible for the winding-up of someone’s affairs after they die. This can be a time-consuming and […]

Tips for selling a property after someone has died

It is often the case that after a death there is a property to sell. This can be a time-consuming and sometimes difficult task. We take a look at the steps you will need to go through. Obtaining a Grant of Probate or Letters of Administration If the deceased has left a Will, then they […]

Valuing an intestate estate

When someone dies without leaving a Will, their estate is distributed according to the Rules of Intestacy (the Rules). The Rules state that the first £270,000 in the estate passes to any spouse or civil partner of the deceased. For this reason, it is important to accurately value an intestate estate so that those left […]