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When a person dies someone has to deal with their affairs. This is called "administering the estate".

If the person who has died leaves a will, it will usually name one or more people to act as the executors of the will. In this case the named executors will need to apply for a grant of probate in order to administer the estate.

If there is no will the process is more complicated. In this case it will be necessary to apply for a Grant of Letters of Administration.

The persons who apply for the Grant of Probate, or, Grant of Letters of Administration are known as "personal representatives"

What are the duties and responsibilities of a personal representative?
Personal representatives have to provide full and detailed accounts to the residuary beneficiaries at the conclusion of the administration of the estate.

They are liable to account for income tax, on income arising during this period, and for capital gains tax on gains realised out of the estate's assets.

Personal representatives are required to complete an Inland Revenue Account for submission to the H M Revenue and Customs, in certain circumstances. In all remaining circumstances the personal representatives are required to complete a shortened version of the Inland Revenue Account for submission to the Probate Registry.

HM Revenue and Customs are vigorous in their investigation, ensuring no assets have been overlooked and that all assets are accurately valued. This requires the personal representatives make all enquiries that are prudent and practicable in the circumstances, to ensure that the all the assets and liabilities of the estate are included.

Penalties can be imposed on the personal representatives personally and/or the Estate if it is discovered that the personal representatives have not complied with the above duties.

It is clear that the duties of a personal representative are potentially onerous. A personal representative, who is not a professional lawyer, cannot charge for his/her services. Accordingly, except in the very simplest of estates, it is wise for personal representatives to instruct solicitors to act for them.

How can we assist you?
The death of a relative is often a stressful and difficult time. This is not helped by difficulties in dealing with the estate.

In cases where Coupe Bradbury have prepared the Will and provided ancillary estate planning advice and guidance, a lot of this stress will be removed. As part of the process we will already have assisted the deceased (and where relevant their family) in putting their affairs in order. We hold records of all the assets of the estate, these records being regularly up-dated.

In cases where there is no Will or there is inadequate information about assets or their whereabouts, we are skilled in guiding and assisting the personal representatives and beneficiaries in assembling all relevant facts and information. This is so the estate can be correctly and efficiently administered.

Appropriate advice and assistance will be given to the family and beneficiaries from the moment we are instructed through to the conclusion of the administration of the estate.

In appropriate cases we will provide advice and guidance as to the valuation of assets for Inheritance Tax purposes. We will negotiate values on behalf of the estate with the Inland Revenue. This is a skilled process, and one of the many areas in which we have significant expertise.

In appropriate cases we will give advice to the family or other beneficiaries as to how to avoid Inheritance Tax utilising Deeds of Disclaimer or Deeds of Variation. These steps have to be taken within two years of the death.

We will also advise as to strategies to reduce the Inheritance Tax and/or Capital Gains tax liability on the estate through the appropriate methods and timing of disposal of assets during the administration period.

We will provide help and guidance to beneficiaries as to the management of their inheritance and in appropriate cases will introduce them to reputable investment advisers.

Client care
We at Coupe Bradbury, always ensure great care and appropriate expertise is in place to deal with obtaining and recording all information, both at the beginning and during the administration of an Estate. Our department employs up to date software systems and information technology to assist in the regular management and production of ongoing accounts.

We aim to deal with the administration of the Estate efficiently and effectively, without risk to the accuracy and detail which is vital to ensure compliance with the requirements of HM Revenue and Customs and the law for the administration of Estates.

You can be confident that the administration of an estate, dealt with by this firm, will ensure your peace of mind that everything is under control at a sad and difficult time.

For further information please contact our probate manager Julie Bullough at our Lytham office.

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