Wills and tax is defiantly one of the most complicated legal issues a family faces during probably the most stressful time in their lives.Tribute Times does not intend this page to be a complete guide to what is required we strongly advice you to look the HM Revenue & Customs website for comprehensive information, and/or ask a solicitor to guide you through the process.
Frequently asked questions on the HM Revenue and Customs website: http://www.hmrc.gov.uk/trusts/faq/faq05.shtml
Who carries out the
wishes of the deceased person?
The people who are responsible for dealing with the estate
in accordance with the will are called Executors.
They have a legal duty to:
- value all the assets and
identify the debts
- apply, if necessary, for
the Grant of Probate, which gives them
authority to act
- consider any claims
against the estate
- settle the income tax
affairs
- pay any tax, debts and
specific gifts in the will including death duties and trusts
- distribute the Residuary Estate to those entitled under the will
- establish guardians where
children are involved.
What happens to
minor children?
If you were married the situation is simple - the surviving parent will
continue to look after the children.
What happens if both parents die or if they were a single parent?
the person with parental responsibility is entitled
to appoint a guardian in the will. If a guardian has not been appointed then
the Courts will make that decision.
Will the estate
be taxed?
The first £275,000* of every estate is free of Inheritance Tax (“death
duties”). Any amount over £275,000 is taxed at 40%.
A qualified solicitor will be able to guide you through this process
More information can be found at the HM
Revenue & Customs site
*This figure may change in the Annual Budget
What happens there is no will?
If you die without making a will you die Intestate.
On Intestacy the law sets out who will be entitled
to the estate. Generally the order of entitlement is as follows:
- surviving spouse
- children
- parents
- Other relatives in a
specified order.
However, the surviving spouse will not necessarily get the whole of the estate. If the
estate is over a certain amount and you have children, the children will also
be entitled to a share.
Can an ex-spouse/partner
claim against an estate?
If the person has been divorced and die Intestate, the
ex-spouse will not automatically be entitled to share in the estate, but may be one of the class of persons entitled
to make a claim against the estate. If they were separated
at the date of the death and there is no will, the estranged spouse would be
entitled to the estate in accordance with the Intestacy rules shown above.
Estate - This means all of the assets,
including all money and personal possessions and property
Personal
Representatives - The person(s) who will deal with the
administration of the estate. If there is a will they are called Executors. - If there is no will they are called administrators.
Grant of Probate - The official document issued by the
Probate Registry which shows that the Executors are entitled to deal with the
estate.
Residuary Estate
- This is what is left of the estate after payment of all debts and specific
gifts.
Parental
responsibility - The person who is responsible for an under-age
child. When the parents of a child are married to each other, they have joint
parental responsibility. On divorce, parental responsibility is sometimes given
to one of the parents by the Court.
Intestate/Intestacy
- The term used when somebody dies without leaving a will.
Frequently asked questions on the HM Revenue and Customs website: http://www.hmrc.gov.uk/trusts/faq/faq05.shtml
Back to Help & Support