As a firm specialising in probate, we frequently help those clients when something goes wrong or a mistake arises when the estate is administered. So what are the most common mistakes and what can be done ?
Issues with the Will. Frequently, the probate registry may well require more evidence as to the validity of the will, if there is an issue with the Deceased’s signature eg. it is very faint, or maybe the Deceased may have signed in the wrong position. If you have received a letter from the probate registry asking for a affidavit evidence we can help prepare this so as to ensure everything proceeds correctly.
Delay in Submitting the tax return. If inheritance tax is payable then the tax return must be filed within 6 months of the Deceased’s death while an agreement relating to the payment of Inheritance tax must also be made. Only in exceptional circumstances will the Revenue allow the late filing of a return.
The loss of the original will. The original must always be submitted when applying for probate although a copy will can be admitted – this is very complicated application – we have a team that have handled numerous copy will applications click here
Failing to file a Renunciation. The Court will always require the original renunciation filing.
Amendments have been incorrectly made to the will. Any amendments must be signed dated and witnessed.
Issues with Executors who cannot be traced or unwilling to act. Unfortunately, issues involving executors and their failure to act correctly when administering an estate can led to delays as well as animosity to family members. If so we can advise you on the procedures on how to remove an executor.
Issue with a will or a probate problem – call our helpline on 0845 568 4000.