EMW Work Examples

by Daniel Wilson

10 September 2023

Probate and Estate Administration

Obtaining Grant of Probate

  1. Advising the Personal Representatives regarding the administration of two linked Estates (family members) where the first deceased died intestate and the second deceased was the sole beneficiary and person entitled to deal with the Estate of the first person who died.
  2. Applying for Grant of Probate urgently in an Estate worth around £7M where the Estate included several properties and a majority shareholding in a trading business in the process of being sold.
  3. Applying for Grant of Probate in Ireland and South Africa, for a United Kingdom national who owned assets in each country on their death.
  4. Applying for a Grant of Probate for an Estate worth around £18M, where the Estate included various business interests, residential properties and assets in Europe. The Will included a number of Trusts and we advised the Trustees on an ongoing basis regarding the management of those Trusts.

Post Death Variations

  1.  Advising a client and preparing a Deed of Variation to successfully redirect assets in an Estate to take advantage of the full residence nil rate band allowance and claim a partial re-fund of Inheritance Tax from H M Revenue & Customs.
  2. Advising Executors and preparing a Deed of Variation to re-direct jointly owned property to be held by the Will Trust of the Deceased.
  3. Advising Executors during the administration of an estate on Capital Gains Tax planning, which resulted in transferring a property to beneficiaries before it was sold. This resulted in no Capital Gains Tax being payable, which it would otherwise have been.
  4. Advising a client and preparing a Deed of Variation to redirect assets they would have inherited, to their children.

Landed Estates

  1. Advising a client regarding the preparation of their Will and Estate Planning where their Estate included a heritage asset with the potential to qualify for relief from Inheritance Tax.

Exemptions & Reliefs

  1. Advising a client who was both an Executor and a Residuary Beneficiary of an Estate being administered by a third party which included the majority shareholding in a trading business valued at approximately £80M. To include advice regarding both Business Property Relief and the Spouse Exemption for Inheritance Tax purposes.
  2. Advising Trustees on the administration of Will Trusts and subsequently completing distributions of assets within two years of death to allow a retrospective claim for the full Residence Nil Rate Band.
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