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Un articolo da Il Sole 24 Ore | giovedi’ 13 febbraio 2020
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WHAT ARE THE STEPS TO OBTAIN A GRANT OF PROBATE AND ADMINISTER AN ESTATE?
Stage 1: Assets and Liabilities
Generally, it is always necessary to establish the nature and value of all assets and liabilities of an estate. Evaluations of the assets may also be required and this shall be assessed on a case by case basis.
Stage 2: Inheritance Tax (IHT)
Upon confirmation of the value of the assets and liabilities, an assessment of the inheritance tax and the relevant returns to be filed can be carried out (the IHT 400). The application and evidence shall be submitted to HMRC and tax paid to the revenue within 6 month from the time of the death to avoid interest.
Inheritance tax, at a rate of 40%, may be due if the assets in the estate amount to a total in excess of £325,000. Exceptions however apply and each matter shall be assessed on its own.
Stage 3: Application for the Grant
The Grant, entitles those appointed by the Court to deal with the deceased’s estate and collect assets, pay liabilities and make final distribution.
The persons entitled to apply for the Grant, depend on whether the deceased left a Will or have died intestate.
Stage 4: Collecting the assets and paying the liabilities
Once a Grant has been issued by the High Court the estate can be administered by the persons named up and until the final distribution. Any accounts can be closed, investments be sold and generally assets can be collected. From the overall amount, the persons administering the estate are under a duty to pay liabilities, expenses and legacies.
Stage 5: Finalising the estate
Those administering the estate are liable to income tax and capital gains tax. Tax returns shall be submitted and payments settled before the estate is finally distributed.
Examples of general Estates
The information provided in this schedule has been drafted as guidance for both pre-grant and post-grant legal activities, based on our experience, and a detailed estimate of fees should always be requested.
SIMPLE UK ESTATE
From our experience the administration of an estate of the following nature would cost between £5,000 and £10,000 plus VAT (currently at 20%).
The circumstances are:
Estimated disbursements – third party charges – are:
Likely completion time
Generally such applications are completed within 4 months from the instructions and full information being provided.
Circumstances that may increase costs:
MEDIUM UK ESTATE (CHARGEABLE TO IHT)
From our experience the administration of an estate of the following nature would cost between £10,000 and £20,000 plus VAT. This estimate does not include our fees for the sale of the property or any application to the Land Registry.
The circumstances are:
Likely disbursements – third party charges – are:
Tax liabilities
An estate of this nature is likely to include:
Likely timescale
On average the administration of an estate of this nature takes about 12 to 18 months to complete. Generally it may take from 4 to 6 months to obtain a Grant. Collection and distribution of the assets may vary and could take up to 3 month to complete. Inheritance tax accounts need to be issued by HMRC and such process may delay the final administration of the estate.
Possible factors which could increase costs:
COMPLEX UK ESTATE
We anticipate that the administration of an estate of the following nature would cost not less than £20,000 plus VAT. This excludes the cost of selling the property or any first registration at the Land Registry.
The circumstances are:
Likely disbursements – third party charges – are:
Tax liabilities
An estate of this nature is likely to include:
Likely timescale
On average the administration of an estate of this nature takes about 18 to 24 months to complete. Generally it may take from 4 to 6 months for the Grant to be issued. Collection and distribution of the estate assets may vary on a case by case basis. Inheritance tax accounts must be issued by HMRC.
Possible factors which could increase costs: