Other Services that we offer
Johansson Solicitors can help you with other problems associated with deceased estates.
Lost or missing assets
In our work as expert lawyers in Wills and Estates, when we look at the affairs of someone who has died, we sometimes find that the assets that were owned by the deceased at the date of their death are far less than everyone expected. This can be for a number of reasons. For instance:
- Assets may have been improperly transferred out of the name of the deceased before they died.
- Property titles may have been altered so that the property ends up being automatically passed to a person who is not even mentioned in the Will of the deceased. In this case the property is not a “ Will asset” and the executor has no direct control over the property whatsoever.
- Someone who was granted a Power of Attorney over the deceased’s affairs may have abused their powers, before the deceased died.
- The executor may have submitted fraudulent receipts for reimbursement by the estate, effectively robbing the beneficiaries who are entitled to take under the Will.
- The executor is unduly delaying the finalisation of the affairs of the deceased, and indirectly benefiting themselves in some way.
Lost or missing assets: The solution
If you are experiencing these sorts of problems here is how Johansson Solicitors can help you:
- Johansson Solicitors can check whether any abuse has actually occurred, and how it occurred.
- Johansson Solicitors can calculate what should be in the estate, how much is missing, and the losses that you can claim back.
- Johansson Solicitors can help you seek reimbursement or recovery of the assets.
- Johansson Solicitors can commence legal action to recover the amount lost.
- If a professional adviser was also involved, Johansson Solicitors can take action against the adviser.
- Johansson Solicitors can take action to take away any powers that the person still has over the affairs of the deceased.
We can sometimes help to get back assets that the deceased gave away before they died.
As a lawyer and with his experience as a tax lawyer, qualified accountant and financial planner, Terry Johansson can thoroughly investigate the situation for you, and advise you on the best way to get the assets back.
Invalid wills / other grounds for disputing a will
We can only commence a Will Dispute only if the deceased left a valid Will. The question of the validity of the Will must be dealt with first, and only when it is approved by the Court, and Probate granted, do we usually commence a Will Dispute.
A Will can be held to be invalid and therefore totally ineffective, if you are able to prove:
Legal Incapacity
Show the Will maker was not capable of making a Will, because they were not mentally able.
Suspicious Circumstances
Our legal team has had success in setting aside Wills where the Estate paid out as it felt that the court would probably have concluded that the Will maker did not approve of the content of the Will and of its effects.
Undue Influence
Show that the Will maker was under improper pressure to make a Will, so that he never really had any real choice, or that it was made under suspicious circumstances.
Will Not Properly Signed
Show that the Will was not signed as required by the law.
Another Will Found
If a second valid Will has been discovered, it may operate instead of the old Will. You will need legal help to get the second Will enforced. Otherwise, the first Will may be implemented instead.
Will is Forged
A Will may be judged invalid because of concerns about forgery. A forgery is where a Will is tampered with or altered, so as to change its meaning. A Will which is a forgery may even be a "fake" Will that was never even signed by the Will maker!
This service is not covered by our CCA. Call us now.
Defending a will dispute
The Executors of the estate involved in a Will Contest or Challenge usually consider themselves entirely innocent! People usually agree to act as an Executor without knowing what they need to do, and not even realizing that they can be legally liable to the beneficiaries.
If a claim is made against the estate for an Increased Inheritance, the Executor will need to decide issues such as:
- Is it worthwhile spending the Estate money in defending the claim or is it better to settle.
- How much should be paid out to settle the claim and how will this affect the amount left for the other beneficiaries.
The Executor involved in a Will Dispute should obtain legal advice to help deal with the following:
- Who will bear the legal costs?
- Can the beneficiaries sue for negligence, or claim that the Executor is acting improperly?
- How to properly protect the Estate for the benefit of the beneficiaries, and how to properly deal with the claim.
- As the litigation would hold up the winding of the Estate, is the Executor liable to the beneficiaries?
- Can the beneficiaries take legal action against the Executor if the value of the assets fall?
- What steps must the Executor take to protect the Estate’s assets?
- What other types of legal action might the Claimant take in order to get what they want?
- Can anyone else, apart from the beneficiaries, sue the Executor?
The Executor is also faced with resolving how to interpret the Will. For instance, events that occurred after the Will was signed may end up giving the effect of the Will a totally different interpretation.
As experts in estate litigation, Johansson Solicitors can help the Executors to interpret the Will and correctly administer the estate, so as to best shield the estate from legal action.
If you are acting as Executor of an estate that may involve legal proceedings, please feel free to contact us for an Initial Review, on the phone, and without any obligation to you whatsoever. Questions? Email us.
Probate Applications
If you are an Executor appointed under a Will, you will usually need a Grant of Probate to be able to collect the assets and administer the Will.
If a person has died without making a Will, you will need to arrange Letters of Administration.
We can arrange for the Grant of Probate or Letters of Administration for you in England and Wales, and can arrange to register these documents in other states or overseas. We will use our English based Agents for this work.
This service is not covered by our CCA.
Taxation Issues: English Residency Issues
With Capital Gains Tax and Inheritance tax issues that can arise in England, you may need advice on:
Whether a person is domiciled in England, and whether they are a tax resident.
If so, what taxes are payable there on income, estate assets and other assets.
We are able to get all of the details for you here, in your own time zone, and instruct expert Lawyers in England, to work with us to resolve these issues.
They will be able to advise you what taxes are payable.
This service is not covered by our CCA. Request a call back.
Planning Ahead
If English tax is likely to be a problem, we can get the details from you and submit this information to our English Lawyers, for advice on the best way to legally manage these taxes, and legally minimize the amount you would have to pay.
With our membership of STEP, and our excellent international links, we can help you manage these complex problems from here in the Pacific Basin, so you should not need to go to England for advice.
This service is not covered by our CCA.