The Family Settlement Agreement Probate is utilized when beneficiaries wish to alter the distribution of an estate from what would occur under a will or intestacy. Common in England and Wales, it's particularly useful for avoiding disputes, accommodating changed family circumstances, or achieving tax efficiency. The agreement requires all affected parties' consent and must comply with relevant probate, trust, and inheritance laws. It typically includes detailed provisions for asset distribution, tax treatment, and any ongoing obligations or trusts.
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1. Parties: Identification and details of all family members involved in the settlement
2. Background: Context of the settlement, including details of the deceased and existing will/intestacy
3. Definitions: Key terms used throughout the agreement
4. Distribution of Estate: Agreed division of assets and property
5. Tax Provisions: Treatment of inheritance tax and other tax implications
6. Implementation: Practical steps for executing the settlement
1. Ongoing Trusts: Required when creating new trusts as part of settlement - used when part of estate is to be held in trust
2. Property Management: Specific arrangements for real property - used when estate includes significant property assets
3. Business Interests: Arrangements for business assets - used when deceased had business interests
4. Dispute Resolution: Mechanism for resolving future disputes - used when family relationships are complex
1. Schedule of Assets: Detailed inventory of estate assets and their values
2. Distribution Schedule: Specific breakdown of who receives what
3. Tax Calculations: Detailed tax implications and calculations
4. Powers of Trustees: Detailed trustee powers if trusts are created
5. Original Will: Copy of the deceased's will (if applicable)
Relevant legal definitions
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