Services - Executries
It can be difficult and distressing to be faced with the responsibility of making arrangements following the death of a relative or friend. We have a dedicated team of experienced practitioners who will advise on your responsibilities, help to identify the assets and liabilities and also communicate with the people who are entitled to share the assets of the deceased.
Our advice in this area extends to tax considerations, the rights of children and reviewing and protecting your assets if your own situation has changed. We also have considerable experience in finding solutions for difficult or contentious situations which can sometimes arise in this area.
How long does an Executry take?
There is no such thing as a standard executry. Every situation is different. The executors are dealing with assets which the deceased has collected, inherited, built up and dealt with over his or her whole life.
Experience has shown that the average time to wind up a straightforward estate is between six months and a year. There are some cases where the administration can be completed within six months. This is possible where there is a Will, no Inheritance Tax, no house to sell, and the whole estate is being passed to a surviving spouse, children, a charity or one or two named heirs and, importantly, where the executors are sure that all possible debts or claims on the estate have been identified.
If there is a house to be sold and/or the estate is subject to Inheritance Tax, but the estate is otherwise relatively uncomplicated, we would hope that the administration could be concluded within twelve to eighteen months.
If there are complexities in the estate, for example, interests in businesses or assets which take a long time to release or transfer, the time may stretch to two years.
Although 90% of our executries are completed within two years, there are estates which can take longer due to external factors over which we have no control. These include missing Wills, missing beneficiaries, missing or unusual shareholdings (particularly overseas), disputes over the validity of testamentary writings or ownership of assets, or large amounts of debt.
Carole Hope Partner
Carole heads up the Executry Group within the firm, where she advises clients on dealing with and transferring assets in the event of a death. She has particular expertise in handling contentious executries and experience of, and an interest in, aspects of cross-border succession.
Carole’s work involves advising on wills and estate planning and she also has over 25 years’ experience of advising charities and charitable trusts, which is underpinned by years of personal involvement in charitable organisations.
Carole is a dual qualified solicitor (Scotland and England/Wales), a member of the Society of Trust and Estate Practitioners (STEP) and a board member of the Franco-British Lawyers Society. She speaks regularly at conferences and seminars on private client issues, cross-border succession and charity law.
Listed in the Legal 500 2013 as a Recommended Laywer. She is also listed in Chambers 2010 as a leader in her field, Carole is described as being “well regarded for contentious probate issues”. She was also the runner up in the “Best Woman Solicitor Managing a Probate Practice” category in the Association of Women Solicitor Awards 2010.
Areas of work
- Contentious executries
- Trust law
- Powers of Attorney
- Estate planning
- Cross-border succession
Susan Oates Senior Solicitor
Susan qualified as a solicitor in 2005 and joined Murray Beith Murray as a Senior Solicitor in 2011 following the merger with J. & R. A. Robertson, W.S.
She has a wide range of experience in private client work, including wills and estate planning, powers of attorney and guardianships, issues affecting older clients and their families, executries and residential conveyancing.
Susan is now a member of the national association 'Solicitors for the Elderly' who specialise in legal services for older people and their carers.
Areas of work
- Powers of Attorney
Autumn Statement Update
The Chancellor, George Osborne, delivered the 2013 Autumn Statement yesterday with the aim of improving public finances, supporting families, helping businesses to grow and assisting young people to succeed.
A further attack on Trusts...?
Rumours are surfacing that the Autumn Statement will see the introduction of new rules governing the inheritance tax regime that applies to trusts. The move is apparently driven by the desire to ease the administrative burden of trustees, but the Treasury may also take this opportunity to close some gaps in the existing legislation and increase the tax take.