Lymington Directory Dec 18 Jan 19

Steven Lord
In 2017 there were 95,000 applications for a
Grant of Representation by individuals; that is
for Probate where there is a Will, or Letters of
Administration on intestacy or other reasons.
This compares with 155,000 applications
through a Solicitor or alternative business
structures. The person taking the Grant is
called “The Personal Representative “ (PR).
The process of applying for a Grant of
Representation can be relatively
straightforward if the assets and liabilities of the
deceased’s Estate are simple, with much
guidance being available from the local Probate
Registry and HM Revenue and Customs. Still,
most PRs prefer to use a Solicitor for a variety of
reasons:
• There are international assets, business
interests, or trusts involved, or
• There is family conflict, second marriages,
overseas beneficiaries, or
• There are complex Inheritance Tax or Capital
Gains Tax considerations, or
• The process is simply too time consuming, or
• T he Executors are aware that there might be
problems with their lack of experience or
knowledge.
The role of PR is generally a thankless task,
taking considerable time and effort for no
personal reward. A lay PR can claim out of
pocket expenses, but not for time. If the Estate
is insolvent or not correctly distributed, the PR
can find themselves personally liable for debts
or charges of maladministration, as well as
criticism from beneficiaries whose first question
DIY PROBATE PITFALLS
is generally ‘how much will I inherit’ followed
quickly by ‘when will I receive my inheritance’.
The beneficiaries will expect to be kept up to
date with progress in the administration of an
estate and for all matters to be dealt with
punctually. A PR needs to be confident in
interpretation of the law, taxes and to be able
to keep accounts properly. Increasingly we find
that we are being consulted by beneficiaries
who are frustrated by a lack of progress and
communication by lay PRs who seem to be in no
rush to complete their duties, or have been
overwhelmed by the complexities
involved. Such delays can be expensive for the
beneficiaries, especially where a property is left
vacant and there are ongoing charges for
utilities, insurance and maintenance.
The cost of instructing a Solicitor to assist the PR
with help in the administration of an Estate is
normally borne by the Estate, not by the PR
personally, so taking early advice on particular
issues or general guidance can be beneficial to
both the PR and the Beneficiary.
Heppenstalls Solicitors can offer guidance to
PRs, apply for the Grant of Representation on
their behalf, or can offer a full Estate
administration service and are happy to offer a
competitive quotation or a fixed price service,
depending upon the assistance required. If you
would like to speak with Steven or the team for
advice please do not hesitate to contact us at
Heppenstalls New Milton on 01425 610078 or
Lymington on 01590 689500.
enquiries@heppenstalls.co.uk
enquiries@heppenstalls.co.uk
75 High Street, Lymington 01590 689500
75 High Street, Lymington 01590 689500
www.heppenstalls.co.uk
www.heppenstalls.co.uk
82 Station Rd, New Milton. 01425 610078
82 Station Rd, New Milton. 01425 610078
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