Boyd Rice Solicitors provide a full service for executors acting in the administration of estates. In the event of a death, we deal with the administration of a person’s estate, even if the will has been prepared by another firm. Where there is no will the same general process is followed, and the person administering the estate is referred to as the administrator rather than executor.
Most people know that the executors of a will have responsibility to ensure that the wishes of the person who made that will are carried out following their death. In practice, what does that involve?
The administration process can be broken down into four main areas. The input of the executor in each area is important.
Step 1 – Identify the assets and liabilities of the estate
To administer the estate the executor must take all reasonable steps to:
- Gather all documentation regarding the deceased’s assets. This will include all bank and/or saving account details, life insurance policies and details of any investments including premium bonds.
- Obtain details of the deceased’s house, land or any other property that they owned, together with information regarding insurance.
- Identify chattels having significant value other than ordinary household goods.
- Obtain details of any gifts exceeding £3,000 per year made in the last seven years before the deceased died.
- Identify any money that may be due to the estate.
- Contact the Department of Communities on 0800 085 2463 to stop any state pension or benefit payments.
- Gather all information relating to any outstanding debts. This may include credit cards, rates or utility bills and would also include the funeral account.
Step 2 – Applying for a Grant of Probate or Administration
A Grant of Probate or Administration (where there is no will) provides the executor’s title to deal with the deceased’s estate. Financial institutions will require sight of it before closing accounts and paying the monies due to the estate and it is also required if any property is to be sold or transferred.
The main documents to be completed in order that application for a Grant can be made are an inheritance tax account (IHT) and an oath for executor or administrator. Various time limits apply in relation to inheritance tax. Most importantly if IHT is payable it must be paid within six months of the end of the month of death and a return filed within twelve months of the end of the month of death.
Once all necessary documentation has been completed, signed and sworn we will then arrange for the Application for a Grant to be lodged with the Probate Office, an office within the High Court.
Step 3 – Gathering in the assets
Once the grant has issued the executors are in a position to gather in the assets of the estate. This will usually involve:
- the completion of forms to close bank accounts.
- application for payment to the estate of monies payable under life policies or other policies.
- the sale of shares or the encashment of investments.
- the sale of a house or land or other property.
Step 4 – Distribution of the estate
It is important to be aware that the debts, funeral and testamentary expenses of the estate must be paid in full before any beneficiaries receive their interest under the will.
Once the estate is ready for final distribution, we will prepare the estate accounts. These accounts will show the assets and liabilities in the estate, and its distribution to beneficiaries.
Our Role
Throughout the process of administration we will provide guidance and advice, draft all necessary documentation, deal with any correspondence and communicate with all parties involved. In particular:
We will provide advice on:
- The validity and interpretation of the will.
- If the deceased died intestate, the entitlement to take a grant and the devolution of the estate.
- The relevant law and Inheritance Tax.
We will also
- Obtain details of the assets from the personal representatives and take appropriate steps to value these for IHT purposes.
- Prepare IHT accounts, settle any IHT, prepare the oath and apply for a grant.
- Pay debts and realise or transfer assets.
- Prepare estate accounts and distribute the estate to the beneficiaries.
For further information please contact one of our Probate and Estates Team on 02891817715 or estates@boydricesolicitors.com
Victim of dog attack receives £15,500 in compensation
Boyd Rice Solicitors were instructed to act on behalf of Mr M in relation to a personal injury claim relating to a dog attack. Mr M who worked as a self-employed courier for Amazon, was performing his duties, delivering parcels in a rural area in Tyrone. As he approached one of the addresses assigned to him that day he was not met by the owner, but by two large dogs. It is not uncommon for delivery drivers to encounter dogs when performing their duties, but normally the animals are friendly, kept inside or not bothered by the arrival of the delivery man. These 2 dogs appeared to be very agitated and without warning Mr M was attacked from behind by one of the dogs, he was knocked forward and fell face first. Receiving little to no help from the dogs’ owner Mr M was bitten and pulled around by the animal.
In a state of disbelief over the owner’s lack of empathy regarding the incident, Mr M was brought to Lagan Valley A&E to be treated for his injuries and given a tetanus injection. Further measures were required to ensure an infection did not develop.
He then contacted Boyd Rice Solicitors and instructed us to seek compensation from the dog owner for the injuries sustained. We arranged a medical examination with a Consultant Plastic Surgeon. The Plastic Surgeon commented upon the bite marks left by the dog on our client and highlighted that our client remains very anxious around dogs following the attack. On that basis, we arranged for an appointment with a Consultant Psychiatrist. The Psychiatrist report confirmed our client’s apprehension around dogs and concluded that our client had suffered from Post Traumatic Stress Disorder (PTSD) following his ordeal but fortunately indicated that he would fully recover within a couple of years if he received the right treatment.
Upon receipt of the medical reports we were given authority by our client to engage with the dog owner’s insurer with a view to settling the case. Liability at that stage had already been formally accepted. Discussions with the insurer resulted in the case settling out of Court in our client’s favour in the sum of £15,500 together with his legal costs.
Upon successful conclusion of his case our client commented as follows:
“I am a retired company director with an MBA and law degree from Chicago Booth University. I retired at 48 financially secure and entered the gig economy working as a part time courier with Amazon Flex. In or around early January 2022 my world was turned upside down by an unprovoked attack whilst carrying out my duties for amazon. My fears were further compounded in the aftermath of the attack as it appeared Northern Ireland had no dedicated dog bite specialists. Fearfull, i would be left stranded and isolated, I started a search by contacting many law firms that I had known over many years in business. Initial impressions were frightening to say the least. This was clearly a niche market which would require a distinct set of skills and in simple terms, would need a dedicated specialist with a clear understanding of this type of market. However, it was during a call to a leading law firm in Belfast which gave me my first chink of light in a very dark room. The answer was clinical. Call “Neil Mc Granaghan of Boyd Rice solicitors.” I knew intuitively my worries were over. Flawless communication, seemless integration, and an astute legal eye steered this matter to conclusion in a matter of months. I was struck by the forensic synchronicity within the practice. Neil Mc Granaghan was absolutely impeccable. Outstanding. Readers should take note of the exceptional settlement amount in this case. Individual settlements will of course vary depending on the merits of a particular case. However, this figure was achieved singularly by forensic application of Neil Mc Granaghan to the case. Without hesitation the top dog attack solicitor in the country. Thank you Neil. “
Boyd Rice Solicitors- top for claims in Newtownards
Insurance Companies must register a new claim with the Department for Communities. We have just received figures from the Department which confirm that we are instructed more than any other Solicitor in Newtownards and the surrounding areas for injury claims. These statistics highlight the hard work and dedication of the injury claim department in Boyd Rice Solicitors. We always strive to repay the trust that our clients place in us by doing our utmost to alleviate the stress and inconvenience caused by an accident and seeking maximum damages in compensation for their injuries.
Neil McGranaghan who manages the injury claim department in Boyd Rice Solicitors commented as follows:
“We cannot thank our clients enough for the faith and trust that they put in us to handle their injury claims. Our aim will always be to secure the appropriate level of compensation with recourse to the Courts to achieve that, if required. The figures we receive are increasing year on year which is testament to the tireless effort of the team in our litigation department. It is as a result of their dedication that we have such a strong reputation in this area. We have plans to add to our team in the near future to ensure that our clients receive the best possible service and to cope the steady increase in new work.”
Boyd Rice Solicitors support calls for awareness of asbestos exposure
Our experience in handling cases for clients or indeed their families who have suffered as a result of exposure to asbestos leads us to whole heartedly concur that more needs to be done to highlight the serious risks posed by exposure to asbestos dust.
The BBC article published online today indicates that cases in which illnesses derived from exposure to asbestos dust leading to death are on the rise with 63 cases recorded in 2019 compared to 99 in 2020. This is a very serious issue.
https://www.bbc.co.uk/news/uk-northern-ireland-61598483
If you or a member of your family have been diagnosed with mesothelioma, pleural plaques or another medical condition attributable to exposure to asbestos dust please contact us for a free initial consultation on 02891817715 or for further information please see our website https://www.boydricesolicitors.com/personal-injury/asbestos-related-claims/
Mark Green joins Boyd Rice Solicitors’ Property team
We are delighted to report that Mark Green has joined our Firm as a Solicitor in the Property Department. Mark is an expert conveyancing Solicitor and brings a wealth of experience to the team. His addition will ensure that our Property team continue to provide legal advice and assistance of the highest standard to our clients.
Commenting upon Mark’s addition to the Firm, our Director Ben Wall who heads the Property Department said as follows
“The addition of Mark to our team is in keeping with continued growth in the Department over the past few years. Mark has an excellent reputation as a Solicitor in Belfast and has some experience working in Newtownards from earlier in his legal career. We will strive to improve our service to our clients and to develop our already established relationships with local estate agents and contractors during 2022.”
Mark will be based in both our Newtownards Office and in our Belfast Office. To contact Mark please phone the office on 02891817715 or email Mark directly mark@boydricesolicitors.com
Claim for cyclist bitten by dog settles for £8,750
Boyd Rice Solicitors were instructed to act on behalf of Mr Win in relation to his personal injury claim. On the date of the incident our client was out for a cycle on his pushbike. He was cycling past a house with a concealed pillar at the entrance. As he cycled past the property he heard a dog chasing him. The dog bit his left leg. He pedaled as fast as possible. The dog then ran into the property. When he got off his bike he realised that there was blood from multiple puncture wounds on his left calf. He contacted his General Practitioner and was given antibiotics. He did not require stitches. There was swelling around the puncture marks.
Our client instructed us to seek compensation from the dog owner for the injuries sustained. He had already reported the incident to the local Council and therefore the first step in the investigation process was to make a freedom of information request to the Council requesting details of the dog owner. Once those details were confirmed we issued a letter of the claim to the dog owner however they did not respond.
We arranged a medical examination with a Consultant Plastic Surgeon and upon receipt of the medical report had to decide how best to proceed in light of the fact that the dog owner did not even respond to the letter. We were given authority by our client to issue Court proceedings against the dog owner. We served the proceedings and to our surprise, did not hear from either the dog owner, their pet insurer or their home insurer.
We then instructed a process server to personally serve the Court proceedings on the dog owner as it appeared that they were determined to evade service of proceedings. The process server certainly earned every penny of their fee as he was able to advise that he was met by two intimidating dogs as he walked up the driveway to give the dog owner the Civil Bill!
Shortly thereafter, at long last, we received confirmation that a Solicitor had been appointed by the dog owner’s insurance company and we successfully argued that liability clearly rested with the dog owner for our client’s injuries. The case was settled out of Court in our client’s favour in the sum of £8,750 plus his legal costs.
Neil McGranaghan was instructed in this case. Our client was asked for his comments following successful conclusion of his case and commented as follows:
I contacted Boyd Rice immediately after sustaining a dog bite while riding my bicycle about a half mile from my home in April 2020. My case was passed to Neil McGranaghan who was promptly in contact to procure the details of the incident. After assessing the details Neil believed there was a strong case for compensation and I instructed him to act on my behalf. An independent medical assessment was organised and performed and Neil contacted all relevant parties for information. The case was not straightforward in that the incident occurred during the first covid-19 lockdown making normal procedures and communications with third parties extremely difficult. The situation was complicated further when the owner of the dog in question remained completely unresponsive to all communications from Boyd Rice. At each step of the process Neil kept me informed about exactly what each course of action was, how long each step might take and the time-frame to wait before proceeding to the next step in the plan. Neil was also completely transparent and kept me informed of the pro’s and con’s in pursuing a case against an owner who was determined to avoid responsibility and gave me his professional opinion at each stage on the likelihood of a favourable outcome. After many months of silence from the dog owner Neil and I made the decision to issue notice of formal court proceedings. Once again after a period of non-responsiveness by the dog owner, Neil decided to serve the notice of court proceedings via a formal process server. This strategy worked and the owner contacted their insurance company and appropriate parties were appointed to deal with the matter. Not long thereafter, the case was settled strongly in my favour, greatly exceeding expectations. I am very grateful to Neil and Boyd Rice, not just for taking on my case but for having the expertise and strategy to work through the difficulties encountered that ultimately led to a good outcome.
If you have been bitten by a dog you can pursue a claim for damages against the dog owner. Please contact us by phone on 02891 817715 or by email claims@boydricesolicitors.com
Job opportunity-Conveyancing Solicitor
Solicitor required to join our growing Practice in Newtownards.
Due to continued growth we wish to recruit a Solicitor to join our conveyancing team. You will work under the guidance of a Partner.
The ideal candidate will need excellent written and spoken communication skills and be able to work to deadlines in a busy office. You must be capable of working independently and as part of a team. Conveyancing experience is required We focus on developing our staff and have a very low staff turnover.
This opportunity would ideally suit a Solicitor with 2-3 years PQE. Salary will be commensurate with experience.
Please ensure your CV is accurate and up to date and email CV together with cover letter, in confidence, to ben@boydricesolicitors.com
Job opportunity- Legal Executive/ Paralegal
Legal executive required to join our growing Practice in Newtownards
We are currently accepting CVs with a cover letter from legal executives/ paralegals to join our busy and expanding litigation and conveyancing teams.
The successful applicant will be based in our office in Newtownards and will work closely with two Partners.
Experience in conveyancing or litigation is desirable but not essential.
The successful applicant can expect a competitive salary and potentially a training contract if commitment and aptitude is shown.
Please ensure your CV is accurate and up to date. The CV should include your full employment history inclusive of dates, all academic achievements and full personal contact details. Please send your CV and cover letter to neil@boydricesolicitors.com
Top Rated
We are absolutely delighted that we now have over 100+ reviews and counting on our Google My Business listing. This is more Google reviews than any other law firm in the Ards or North Down area.
Thank you to all our clients who took the time to leave such positive reviews!
If you need any legal advice on;
Family
Personal Injury Claims
Conveyancing
Wills & Estates
Please get in touch with our team.
A Guide for Executors
Boyd Rice Solicitors provide a full service for executors acting in the administration of estates. In the event of a death, we deal with the administration of a person’s estate, even if the will has been prepared by another firm. Where there is no will the same general process is followed, and the person administering the estate is referred to as the administrator rather than executor.
Most people know that the executors of a will have responsibility to ensure that the wishes of the person who made that will are carried out following their death. In practice, what does that involve?
The administration process can be broken down into four main areas. The input of the executor in each area is important.
Step 1 – Identify the assets and liabilities of the estate
To administer the estate the executor must take all reasonable steps to:
Step 2 – Applying for a Grant of Probate or Administration
A Grant of Probate or Administration (where there is no will) provides the executor’s title to deal with the deceased’s estate. Financial institutions will require sight of it before closing accounts and paying the monies due to the estate and it is also required if any property is to be sold or transferred.
The main documents to be completed in order that application for a Grant can be made are an inheritance tax account (IHT) and an oath for executor or administrator. Various time limits apply in relation to inheritance tax. Most importantly if IHT is payable it must be paid within six months of the end of the month of death and a return filed within twelve months of the end of the month of death.
Once all necessary documentation has been completed, signed and sworn we will then arrange for the Application for a Grant to be lodged with the Probate Office, an office within the High Court.
Step 3 – Gathering in the assets
Once the grant has issued the executors are in a position to gather in the assets of the estate. This will usually involve:
Step 4 – Distribution of the estate
It is important to be aware that the debts, funeral and testamentary expenses of the estate must be paid in full before any beneficiaries receive their interest under the will.
Once the estate is ready for final distribution, we will prepare the estate accounts. These accounts will show the assets and liabilities in the estate, and its distribution to beneficiaries.
Our Role
Throughout the process of administration we will provide guidance and advice, draft all necessary documentation, deal with any correspondence and communicate with all parties involved. In particular:
We will provide advice on:
We will also
For further information please contact one of our Probate and Estates Team on 02891817715 or estates@boydricesolicitors.com
A step by step guide to making your will
Making a will is one of the most important things that any of us can do. It enables provisions to be made for those we care about and ensures that our wishes are carried out following death. It is also something that, although relatively straight forward in most cases, many of us put off doing.
Boyd Rice Solicitors will provide a full service for will writing and the administration of estates.
This short guide outlines the main things to consider when making a will.
Step 1
We will need the following information:
Step 2
You will need to think about who you would like to act as your Executors.
You may also need to think about appointing guardians. A guardian is appointed to look after any children who are under 18 who would otherwise be left without parents or guardians on your death.
Step 3
You then need to consider who you want to benefit under your will. Think about:
Step 4
Once you have thought how you wish your property to be distributed, we will be in a position to draft your will according to your wishes and have your will signed and witnessed.
We will always provide you with a copy of your will and we will store your original will safely and securely.
Step 5
Our team recommend that you should periodically review and update your will to ensure it is kept updated and reflects your current circumstances.
You should always review your will after significant life events such as:
For further information please contact us by phone 02891 817715 or by email estates@boydricesolicitors.com