Jane Maitland Head of private client team

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Presentation transcript:

Jane Maitland Head of private client team Business Bereavement Jane Maitland Head of private client team

Business bereavement Accidental Natural

Some statistics

Business bereavement Immediate issues Organ donation Coroner Post mortem Livestock Guns

Business bereavement Registration of death Who is responsible? Funeral arrangements

Is there a Will?

The Will Where is it? Is it valid? Does it contain any funeral directions? Who are the executors? Who are the beneficiaries

Grants of representation Executors Grant of probate Grant ad colligenda bona Administrators Grant of Letters of administration Grant of letters of administration with will annexed

Grants of representation Chain of representation Surviving executors Executors to whom power is reserved Grant de bonis non

Intestacy What is intestacy? Who inherits on intestacy? Who is entitled to the grant on intestacy

The estate What are the assets and liabilities? What passes under the Will? What doesn't pass under the Will?

What are the documents? Will Title deeds to land Trust deeds Partnership agreement Tenancy agreement

What if there are no documents Legislation Partnership Act 1890 Agricultural Holdings Act 1986 Trustee Act 1925 Contract Law Intestacy Rules Tax Acts galore Case Law

Business relationships Partnership Landlord Contractors HMRC Tenants Government Agencies Professional Services Certification bodies Employees

Business continuity Paying employees and suppliers Security of premises, house and contents Insurances Sale or retention of business

Lifetime planning Make a Will and keep it under review Lasting Powers of Attorney Partnership agreement Life insurance Inheritance tax planning

“Life should not be a journey to the grave with the intention of arriving safely in a pretty and well preserved body, but rather to skid in broadside in a cloud of smoke, thoroughly used up, totally worn out, and loudly proclaiming” "Wow! What a Ride!” Hunter S. Thomson, The Proud Highway: Saga of a Desperate Southern Gentleman, 1955-1967.

Any questions?

Please note: Professional advice should always be sought for assistance in specific areas of the law, and we cannot accept any responsibility for any action based on this presentation