Probate for Estate in UK and Spain Case Study

29 August 2017

Client Situation

Our Probate Solicitors were instructed to administer our client’s late wife’s Estate. She died leaving both an English Will and a Spanish Will. Our client was the Executor and sole beneficiary of both Wills and sought our help to ensure the Estate was administered professionally.

With our Probate Complete Service we take full responsibility for obtaining Grant of Probate and dealing with the Legal, Tax (excl VAT), Property and Estate Administration affairs*.

How We Helped

Using our Probate Complete Service, we took full responsibility for obtaining the Grant of Probate and dealing with all the affairs relating to the administration of the Estate, including property and tax matters. By doing so, we took away all the stress, during what was already an extremely difficult time for our client.

Based on the overall net value of the Estate, our client wanted reassurance that no Inheritance Tax (IHT) would be payable from the Estate. Although the value of the Estate was above the current IHT threshold of £325,000, the whole Estate was spouse exempt and therefore there was no IHT to pay.

However a significant Capital Gains Tax liability (CGT) was due from the Estate. A deadline was set by HM Revenue & Customs for settlement of the Capital Gains Tax and failing to do so would have resulted in interest being charged.

Our client also wanted to ensure that most of his late wife’s investments were transferred into his name, and that the death of the joint proprietor for their property in the UK was registered with the Land Registry.

The Outcome

Our Probate Solicitors acted under a Power of Attorney and submitted the application for the Grant of Probate on behalf of our client. Having obtained the Grant, we worked closely with our client’s accountant and ensured the Capital Gains Tax deadline was met.

We then began to draw in all the assets and successfully transferred the investments. The Land Registry register was amended for the UK property and the Spanish property was dealt with by a Spanish Lawyer.

The Grant of Probate allowed us to quickly collect funds in the Estate and settle all relevant liabilities. We then released funds to our client, who was very pleased with the efficiency of our service.

*We can also pay all the costs of a Co-op Funeralcare funeral, providing the Estate owns sufficient assets which can be sold in due course to repay our costs.

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