The Executor of the Will

Sorting out all the financial obligations of the person who has died, along with distribution of the remaining assets is the legal responsibility of the executor.

While this may be an individual, bank or trust company, the individuals chosen for this task often come from the close ranks of the deceased person’s circle of trusted parties or family. This can add another level of difficulty and uncertainty as individuals can bring a partial mindset and lack the relevant expertise however well meaning they are.

Probate Compliance

The appointed person may choose to decline the appointment or step down during the proceedings should it become lengthy or prove too challenging. If the executor chooses to accept the appointment, consulting with specialist advisors at the outset is a must.

The Beneficiaries

One of the first tasks of an executor is to notify each of the beneficiaries who stand to inherit under a will. The beneficiaries have the right to be informed of the value of the inheritance, bearing in mind this value may in the end be rendered null through debt if proves higher than the disposable assets inherent in the estate.

Clear Boundaries

The maintenance of a willed property is the duty of the executor during probate even though beneficiaries may have open access to property and valuable items.

Sinels have experience in advising both executors and beneficiaries on clear boundaries for all involved so that assets are safeguarded until all can be properly distributed.

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Our Wills & Contentious Probates Services

Will Disputes

Disputes regarding the will of a loved one who has died can arise through either a conflict among the beneficiaries of an estate or through an executor’s apparent incapacity or failure to act in accord with the wishes of the deceased or adhere to the requirements of probate. Sinels can be a calm presence and advisory stalwart in the most contentious of will disputes, even those involving bitterness, hostility, coercion and fraud, all of which we have experienced.

Advice on the Duties and Rights of Executors and Beneficiaries

Given the responsibility for distribution of a deceased person’s estate which may cover assets in a number of countries, may involve debt and expenses, and may require court filings in multiple jurisdictions it is a commitment not to be taken lightly. In understanding the rights and duties of both executors and beneficiaries in the settlement of deceased estates, Sinels is a trusted ally.

Probate Applications

Private wealth and the affairs of wealthy individuals and families often have an international dimension. There are often quite significant undertakings to fulfil the last wishes of a loved one’s estate including, in Jersey and similar jurisdictions, applying for a Grant of Probate. For the appointed person, this provides the legal right to administer the estate. This process is commonly referred to as probate.

Will Drafting

The formal process of drafting a will is more than a matter of reducing a person’s wishes to writing. Sinels will advise on the implications and wisdom of provisions with regards to administrative expenses, clarity of language, and on outcomes which are, and which are not within a person’s control once they have passed over.