Page 6 - A Guide to the Executry Process

INHERITANCE TAX GUIDE
AFTER A DEATH

relatives if there is no surviving spouse or children. Again it is our strong view that
distributing an estate without legal advice is a dangerous minefield – and we do not
recommend a DIY approach here. But hopefully matters are concluded successfully
with all parties receiving their entitlement.

Other Points to Note

Timescales – it is extremely difficult to place timescales on this type of work. For
legal reasons it is not safe to distribute any estates in under 6 months. Most estates

can be paid out within 6 or 12 months from death. However the legal executive
cannot always control timescales in this work. Longer timescales are the norm for
larger estates or can be caused by difficulties tracing people, tax issues, property sale

issues, or disputes even. Where the estate is small – currently under £36,000, there
is an accelerated procedure available at the local sheriff clerk’s office – virtually a
DIY procedure.
Insurance – we have full professional indemnity insurance to cover our work, so in
the unlikely event of a mistake by us no loss should accrue to any party. Anyone

doing this work without insurance cover is laying him or herself open to claims
should things not be done properly.

A first meeting or telephone consultation is absolutely free. If after that meeting
work is instructed, terms and conditions and fee levels will be fully explained to you
at the outset.

We believe most clients can handle safely stages 1 to 5 above. After that we think it

unwise to proceed without legal advice. All of our staff have received training in
dealing with individuals who have suffered a bereavement and can take you through
every step.

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