The death of your loved one is a traumatic time – and you may find yourself involved in the administration of his or her estate. Your involvement would be either as a Personal Representative, called an “Executor” (where there is a Will) or an “Administrator” (where there is no Will) or there is a Will, but with no valid Executorship appointment. If the deceased has not left a Will, the Rules of Intestacy apply in determining who will be entitled to the assets of the deceased person’s estate.

We will accept instructions from Personal Representatives to assist in the administration of an estate, according to the Will or intestacy and the family’s wishes. W. Davies always offers a kind, sympathetic and efficient service to Personal Representatives, family members and Beneficiaries. If required, we will meet the family and Personal Representatives at their home. You will always deal with the same Solicitor and secretary (holidays, aside) to ensure that you receive the personal service needed at such a harrowing time.

When assisting with an estate administration, W. Davies will apply for all available allowances and exemptions, to reduce inheritance tax liability. If appropriate, we may also advise the Personal Representatives to vary the Will, to obtain further inheritance tax allowances. Furthermore, we will consider the other tax implications against the estate, such as capital gains tax and income tax, to ensure that they are minimised as far as possible for the benefit of the beneficiaries.

Decisions must always be made by the Personal Representatives. However, our probate specialists can handle the winding-up of an estate with great sensitivity and understanding - to help family and friends through what can be a confusing and upsetting time.

You may be a beneficiary under an estate who feels you have not been adequately provided for by the Will. Alternatively, you may not have been included in the Will and feel you should have been. Again, if the person died intestate, you may not be entitled to the assets within the estate, but feel that you should receive something. If you find yourself in one of these situations, we can offer specialist advice in determining and potentially pursuing a claim on your behalf against the estate.

If you believe that a Will was invalid – either because you feel the person making it lacked the mental capacity to understand it, or that they were unduly influenced – we can advise you regarding the pursuing of a claim.

For more information about this please contact Alexandra Milton on akm@wdavies.com or Fiona Gould on feg@wdavies.com