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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Regarding probate: Can you tell me whether the machines previously

Resolved Question:

Regarding probate:
Can you tell me whether the machines previously spoken about could be dealt with within the probate?
Submitted: 3 years ago.
Category: Family Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Sorry for the delay in reverting to you. May I clarify what you mean when you refer to dealing with the machines "within probate" please?

Customer:

Hi again Joshua, The machines we spoke about previously (my brothers). Could we possibly bring up this matter at probate whilst dealing with my brothers estate ? Torts act advice given previously

Joshua :

May I clarify do you mean declare their value as part of your brothers estate for the purposes of probate or do you mean something else?

Customer:

Yes declare their value and that they have been stolen. We want to pursue this matter further and will probably have to use and pay a solicitor rather than use the online court proceedings as the claim is more than £10,000. Would the solicitors dealing with my brothers estate take this matter on or would it be a whole separate thing? Sorry, I do not know how all this works and just wondered how we can get help dealing with these machines.

Joshua :

May I ask the approximate value of your brothers estate if the value of these machines were included?

Joshua :

Ballpark figure will be fine.

Customer:

100,000

Joshua :

Thanks. On that basis there will be no tax consequences from including their value and you can consider including the value as a debt owed to the estate.

Joshua :

The solicitors acting for the estate may have a litigation department that are prepared to assist or failing which may refer you to a third party firm. There is no reason (other than lack of expertise) why the same solicitors cannot act though there would be additional fees.

Joshua :

Is there anything above I can clarify for you?

Customer:

Yes, could you please clarify what you mean by debt owed to the estate? Would this solicitor take on the case with reference to the torts act as previously discussed? Or would there be a different way of dealing with this with the solicitors acting for the estate.

Joshua :

On the basis that the machines are not under the control of the executors, they cannot be included as assets. However their value can be included as a debt owed to the estate - namely either the return of the machines or damages in lieu. When you apply for probate you have to complete an IHT205 form to the Revenue. This form allows you to include details of all assets and debts owed by and to the estate.

Customer:

So they would look into getting the machines returned or for the market value of the machines recovered ?

Joshua :

You can ask the solicitors to assist you with this as above, however they would look for additional fees in respect of such work.

Customer:

would these fees come from my brothers estate?

Joshua :

Yes this would be quite proper.

Customer:

Ok thanks very much Joshua, you have been very helpful

Joshua :

A pleasure

Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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