Probate and Estate Administration

It is important to have the right emotional and professional support during difficult times. Ideally, this support should take as much stress away from you as possible. We at the Argyle Family Legal Office have the knowledge and experience to provide the needed support and advice to you as executor as well as beneficiary of a deceased estate.

If you are an executor appointed under a Will

Being the executor of a deceased’s Will is a responsible position, which may trigger liability. You therefore want to ensure that you satisfy all your executor’s duties and exercise your rights in the proper manner. Members of our Argyle Family Legal Office have extensive experience in this area.

Our services comprise:

• advising you on the validity and terms of the Will;
• advising you on possible claims against the estate;
• advising you on your rights and obligations as an executor;
• sorting through documents of the deceased;
• inquiries/correspondence relating to assets and liabilities of the deceased;
• arranging valuations of estate assets;
• advising you on the distribution of estate assets;
• advice on tax issues concerning the distribution of the estate and sale of estate assets; and
  
• preparation and advice on deeds of family arrangements.

If you wish to apply for a grant of Letters of Administration

If the deceased did not leave a Will or the Will does not name an executor, you may consider obtaining administration over the estate assets. This requires a grant of Letters of Administration in your favour.

Our services in this area comprise:

• advising you on your rights to apply for a grant of Letters of Administration;
• advising you on your rights and obligations as an administrator of an estate;
• sorting through documents of the deceased;
• inquiries/correspondence relating to assets and liabilities of the deceased;
• arranging valuations of estate assets;
• preparation of all documents required for an application for a grant of probate:
  • summons;
  • affidavit of administrator;
  • arranging for publication of intended application for grant of Letters of Administration;
  • application for death certificate/marriage certificates/birth certificates and other personal documents required;
  • affidavits as to spouses of the deceased;
  • inventory of property; and
    
  • responding to court’s requisitions, if any;
• advising you on the distribution of estate assets; and
  
• advice on tax issues concerning the distribution of the estate and sale of estate assets.

If you are a beneficiary of an estate

If you are entitled to an estate asset or a share in an estate but you are not the executor or administrator of the estate, your position may become quite difficult, especially when you are of the view that the executor or administrator does not do the correct thing.

We provide support in many areas concerning your position as a beneficiary whether under a Will or under the law of intestacy. These areas may concern:

• your rights and entitlements during the estate administration;
• the validity of a Will, for example testamentary capacity, undue influence, etc;
• the terms of a Will and how they are to be construed;
• your rights and entitlements as a beneficiary under the law, in particular where there is more than one spouse of the deceased or children out of another relationship of the deceased; and
  
• any tax issues you may have to consider when you receive an asset from an estate or you decide to sell the asset.

If you are the trustee of a testamentary trust

If the Will establishes a testamentary trust and you are one of the trustees or the trustee of this trust, your rights and obligations differ from those of an executor. The terms of a testamentary trust, the provisions under the Trustee Act, as well as common law rules are crucial in determining your rights and obligations as a trustee. This can become very confusing and therefore professional advice is important. Argyle Family Legal Office offers comprehensive advice on the terms of testamentary trusts and guidance on legislation in the area of trust law.

We also provide you with experienced advice on all tax issues concerning testamentary trusts.

If you are a beneficiary of a testamentary trust

If you are a beneficiary of a testamentary trust, it is necessary for you to understand:

• the purpose of a testamentary trust and the width of asset protection it enables to provide to you;
• whether you are entitled to any income and capital:
  • during the existence of the testamentary trust; and
  • at the time the testamentary trust is wound up (the “vesting day”);
• the impact of any distributions on your personal tax position at the time of the distribution or at a later stage, for example when you decide to sell an asset.