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Legal Services » Wills and probate » Wills & Probate

Most Wills require a Grant of Probate to be extracted by the Executors before they can distribute the Estate according to the terms of the Will. At PC Moore & Company, we can advise on the complexities and procedures involved. Apart from the Grant, there are other issues that the Executor must deal with, for example:

  • Income tax clearance to the date of death and post death income tax returns as circumstances or Inland Revenue require.
  • In the case of non-contributory pensions, it is essential to obtain clearance from the Department of Family Affairs to ensure that there is no "claw-back" claim against the Estae.
  • Overdraft facilities may be required to discharge bills.
  • Inheritance tax returns may be required/assessment of liabilities.
  • Individual cases will have different requirements.

How often have you heard of beneficiaries who had to pay inheritance tax say "If only something could have been done to reduce it!".  It is much easier to endeavour to mitigate the inheritance tax liability of beneficiaries who are of concern to you prior to death, by relevant tax planning, e.g. how you dispose of your assets under your Will.  It is often too late and too difficult after death.

As many people have assets of substantial value, estate planning is essential to mitigate/reduce beneficiaries' expossure to inheritance tax on death.




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