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Legal Procedures
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 Genealogists
and International
Probate Researchers
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An administrator
must be appointed to act as the personal representative
of the estate. The administrator usually instructs solicitors
to administer the estate and ensure that all the necessary
legal procedures are complied with. We can help you in selecting
a firm with specialist expertise in these types of cases.
- A grant
of probate or letters of administration must be obtained
from a probate court.
- The
assets will be disclosed and sold to convert them to cash.
This money will be placed in an interest bearing account.
- The
administering solicitors will
start to calculate various taxes: this requires extensive
correspondence and may take considerable time. We are unable
to speed this stage up for you, as it is dependent on various
tax offices, which are not legally required to answer immediately.
- A statutory
notice will be placed. Under section 27 of the Trustee Act
1925, creditors have two months to make a claim.
- Under
the Inheritance (Provision for Family and Dependants) Act
1975, "dependent relatives" have a 6-month period
during which they may make a claim. For this reason, irrespective
of other legal issues, it is prudent not to distribute the
estate until this 6-month period has lapsed.
- Missing
Beneficiary Insurance quotes are obtained: insurance
companies know the level of professionalism to which we
work, and give good rates as a result.
- Missing
Beneficiary insurance taken.
- Once
all the legal procedures have been completed, the estate
can be distributed to all the beneficiaries.
Time:
Approximately 12 months
will take longer in complex cases or where the deceased was
abroad
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