Probate is the process to be completed when handling the estate of someone who has died. The Executors are the people that you name, within your Will, to manage your affairs after your death. They are required to deal with obtaining the Grant of Probate and the bureaucracy of administering your Estate and ensuring the distribution of your assets is carried out in accordance with the terms of your Will.
Your choice of Executors should be taken with great care. You must have confidence in the ability of the people you choose to carry out your wishes. They should ideally have some knowledge of your personal circumstances. It is recommended that you appoint a minimum of 2 Executors (it is legal for a beneficiary to be chosen as an Executor if that person is named in your Will).
In most cases, it makes good sense to have professional assistance with the day to day bureaucracy, and, therefore, you may wish to appoint a Professional organisation such as an Executor Company as one of your Executors. This is entirely your choice, but whoever you choose, it is recommended you ask your proposed Executors first to ensure they are prepared to act on your behalf. Your Executors need to be over the age of 18.
How can we help?
Joint Executor with surviving spouse or partner
This is the most common arrangement, and one in which you would appoint Wincham to act jointly with the surviving spouse or partner. It may be that the survivor is incapacitated or too distressed to carry out the work that an Executor will have to do at this time. It may be that the survivor has enough to cope with looking after children and dealing with the emotional problems, and will not want to get involved in legal administration.
Wincham will do as much or as little as the survivor wishes but we will always be there to offer support and advice as necessary. With existing clients, Wincham are in a unique position in that we already have some knowledge of the deceased’s affairs in our previous business relationship, and that should make us a preferred and obvious choice as Executor. Being an Executor is often an onerous task and many choose to seek professional advice, once faced with the prospect.
Of course there may be some survivors who do wish to get involved in the work of an Executor as a way of dealing with their grief. We understand this. In this situation we will be available to assist and advise on procedures when needed. In addition they can rely on our knowledge and years of experience to help them through difficulties and unusual circumstances. We will not take any actions or responsibilities without the express request of the survivor. Our main objective always is to provide support, not to intrude. Our ultimate objective is to provide a service that the survivor is completely satisfied with. So satisfied with, that your survivor chooses to use Wincham Executor & Trustee Company Ltd to act as their Executor when they die, knowing that their affairs will be managed with the same level of integrity and professionalism.
Joint Executor with family and friends
You may believe that your particular family circumstances require an impartial Executor to smooth the whole process and avoid potential family arguments. We understand that not everyone will have the same opinion on matters and our professionals have experience of calming situations before they get out of hand leading to costly litigation.
If we are required to act in the obtaining of Probate and the administration of the Estate, then our fees will be charged on an hourly rate plus any disbursements. This represents very good value indeed when compared with (for example) solicitor’s or bank fees in the UK which can exceed 4% of the value of the estate.
We cannot advise you strongly enough to name Wincham Executor & Trustee Company Ltd as one of your co-Executors on our ‘on line’ questionnaire. It really will be in the best interests of your survivors.