Amicus Case Study

Case Study One

Amicus advised on the Administration of an estate where the Inheritance Tax liability, even after quick succession relief, was going to be in excess of £100,000.

The Deceased had inherited his father’s estate less than two years previously bit it was possible, even though the father’s estate had been finalised and distributed to his son to vary the terms of his Will so as to distribute the estate directly to the son’s beneficiaries, removing the tax liability altogether.

Case Study Two

Amicus advised on the proving of a homemade Will where the original copy had been lost whilst ‘safely’ stored for the Deceased.

A photocopy of the Will evidenced that it had been signed and dated but did not show any witnesses. Intestacy would have meant the intended beneficiaries would receive nothing as they were not related to the Deceased. The beneficiaries had consulted two other firms of solicitors who advised that nothing could be done.

By establishing from the Deceased’s diaries who he had met on the day in question it was possible to secure witness statements that the Will had been properly and fully executed and the Probate Registry made an Order that the photocopy of the Will could be admitted to Probate.

Case Study Three

Amicus will always advise you not to do something if that is the ‘right’ answer. Recent advice has led to a client not gifting various assets to her children when to do so, in accordance with her original instructions, would have resulted in her triggering a five figure capital gains tax liability whilst not guaranteeing the outcome that was the purpose of the original transaction and when retaining the assets until she passes away is unlikely to result in any tax liability at all.

Advice to do nothing was the best advice!

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