Other Services that we offer

Johansson Solicitors can help you with other problems associated with deceased estates.

Lost or missing assets

an image of a Last Will and Testament document with gold pen sitting on top of the page

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:

Lost or missing assets: The solution

If you are experiencing these sorts of problems here is how Johansson Solicitors can help you:

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:

The Executor involved in a Will Dispute should obtain legal advice to help deal with the following:

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.