Saturday, 19 June 2010 07:31 | Author: Clare Westwood |
Administering an estate involves the sorting out of all property, assets and investments of the person that has dies. This also includes the settling of debts including any tax liabilities and then the sharing up of the estate between each of the named beneficiaries, or if a will is not in place the court will decide who the estate will go to.
by ClareWestwood
Administering an estate involves the sorting out of all property, assets and investments of the person that has dies. This also includes the settling of debts including any tax liabilities and then the sharing up of the estate between each of the named beneficiaries, or if a will is not in place the court will decide who the estate will go to.
When the estate is worth more than the Nil Rate Band (the non taxed limit) then there may be inheritance tax due to be paid. All estates which fall within the Nil Rate Band are also subject to tax if the deceased person made any lifetime gifts or settlements or were themselves a beneficiary from a trust.
The most important of the tax relief brackets is that of the complete exemption of spouses and civil partners although there are still highly beneficial and complex laws providing tax relief on any business property. Gifts to charity are always exempt from inheritance tax.
If the deceased person has left a will then this will be provided by the Executors of the will and a Grant of Probate id then obtained. If a will has not been left then the deceased is classed as having died, 'intestate,' and the estate will then be distributed as according to laws and rules. In cases like this a Grant of Letters of Administration is usually obtained by the next of kin.
In the rare occurrence that an estate is believed to be incorrectly administrated or if the money is shared before all of the existing debts have been paid then the Executors of the will may be reprimanded as personally liable, this can be avoided by taking proper legal advice though. A specialised solicitor will be able to advise you on every step of the process.