Probate Administration and Inheritance Tax: The Need to Knows

The process of administering estates is becoming more complex due to a number of factors, and recently the probate registry have changed their systems causing even more confusion.
In addition, claims are being made more regularly and it has never been more essential to protect yourself and your firm from claims against will validity and learning he processes for making or receiving inheritance act claims, and lodging caveats.

These sessions are designed to talk you through the process of an administration, the forms to complete, and dealing with challenges and claims. You will also learn some practical tips in respect of safeguarding your firm from these in the future.

What You Will Learn

• Preliminary stages in the administration of an estate including registering the death, inquests, preservation of the assets of the deceased
• Disclosure of the will
• Whether a grant is required – small estates
• The different types of grant
• The IHT 400 and pitfalls including valuation issues, disclosure of lifetime gifts, APR ad BPR
• The deceased’s tax position – Income tax, CGT
• The estate’s tax position – Income tax, CGT
• Completing the administration
• Missing beneficiaries and how to deal with them
• Challenges against Wills
• Caveats and how to deal with them
• Larke v Nugus
• Disclosure of files
• Inheritance Act Claims; when they can be made, timescales and method

It is usual for practitioners to also be involved in the probate process when someone passes away, especially if a will is retained by the firm. You will therefore need to be aware of the probate process, new rules that are applied for low value estates and the “need to knows” and key dates for administration.

Contentious probate is a growing area, for various reasons. As a result, private client practitioners are being faced with litigious cases more and more, and must be aware of how to deal with these, and how to manage the case once it becomes contentious. For example, should you act in the litigation if you have drafted the will? What information should be disclosed? Is it a legitimate claim? This 10 session course will provide you with a comprehensive introduction to this area, and will give you practical tips and advice on probate administration, the common problems practitioners face in practice, and up to date case law.

Extensive notes will be provided and time will be set aside for delegate questions

Please note, the course fee is per person.

All sessions are recorded and available on demand if you are unable to join live. Please book your place and the recording will be circulated 48 hours after the live session to review on-demand.

Who Should Attend

• This course is suitable for lawyers and practitioners wishing to move into this field, those who require a refresher and for training paralegals and support staff to become more hands-on fee earners.

Level

• All Levels

Dates:

• 19th March
• 26th March
• 3rd April
• 10th April
• 17th April
• 23rd April
• 30th April
• 8th May
• 15th May
• 22nd May

Speaker

Helen Forster

I am a solicitor and Trusts and Estates Practitioner. Since qualifying in 2009, I have specialised in Wills, Probate, Trusts, Tax and Court of Protection matters, and I am a Dementia Champion with Age UK, a member for Solicitors for the Elderly and also a member of STEP (The Society of Trusts and Estates Practitioners).

My other work includes seminars, lecturing and training throughout the Country with institutions such as regional Law Societies and MBL Seminars Limited, as well as providing in house training on a number of subjects.

In addition, I also teach night classes at Rossett School Adult Learning in Harrogate, giving individuals and insight into how legal documents such as Lasting Powers of Attorney are drafted, as well as pitfalls and problems.

Over my career I have been highly commended twice in the Yorkshire Legal Awards, as well as receiving an award for second place in the Modern Law Awards 2016 in the category of “Rising Star” in England and Wales. HTF Legal has recently won an award in the Retirement Planning Awards as best Wills and Probate Solicitor in Yorkshire in 2022. I have recently been shortlisted for Managing Partner of the Year 2023 in the Yorkshire Legal Awards.