Esther Lee

Esther is a Partner in the Estate, Tax and Succession team specialising in probate and estate administration. With over 20 years’ experience Esther has a broad range of understanding for all areas of private client work.

Esther helps clients through the process of administering an estate aiming to take the burden from the family at a difficult time. Esther prepares Inheritance Tax returns and advises on the exemptions and reliefs available in order to help reduce the burden of tax.

She also identifies opportunities for post-death planning in order to maximise reliefs available by varying the terms of the Will or by re-arranging the terms of Will trusts.
Agricultural estates and the tax planning connected to them is of particular interest to Esther and she works closely with her colleagues in the agricultural property team.

Esther also assists her clients with their lifetime time estate planning. Esther joined the firm 2017 from a prominent private client law firm in London having previously worked for other highly regarded law firms in the South East.

Probate and estate administration
Agricultural Inheritance Tax advice
Agricultural and business relief claims for Inheritance Tax purposes
Post death estate planning including deeds of variation
Wills and lifetime succession planning
Powers of Attorney.

Assisting the executors with the administration of the estate of a deceased farmer.

The farmer had entered into a farming partnership with members of his family prior to his death and had made various gifts in his lifetime, including some of his interest in the farm. Advising the executors in relation to these gifts and the reporting of them for Inheritance Tax purposes to HMRC. Agricultural relief was claimed on assets of the estate and some of the lifetime gifts made which resulted in no Inheritance Tax being due. We also advised the executors on the wording of the Will and trusts contained in the Will. This resulted in various advancements and appointments being made from the Will trusts to allow for the family to plan for their own tax positions and to maximise the potential of Agricultural Relief.

Advising the executors of an estate where the deceased held valuable shares in a company whose main activity is the production and distribution of television programmes.

Working with the deceased’s accountant and family to gather the information to prepare the Inheritance Tax Account and report the estate to HMRC. Part of this process is reporting the value of the shares held in the company and claiming Business Relief to save over £8.5million in Inheritance Tax. Advice has also been provided to the beneficiaries in relation to a deed of variation to gift funds to a charitable trust. This gift would impact on the full Charitable Relief available due to the interaction with Business Relief. Advice has been given on how the full reliefs for both Business Relief and Charitable Relief may be obtained.

Advising the executors on reliefs available on an agricultural estate.

The deceased owned farm land in her sole name and further land owned as joint tenants with her surviving husband. Under the deceased’s Will she left her interest in her agricultural and business assets to trustees to hold on the terms of a discretionary trust. The land owned as beneficial joint tenants with her husband would not pass under the terms of her Will but instead to her husband by survivorship. During the deceased’s lifetime she had gifted shares in a farming company in which she had previously been the controlling shareholder to her husband and children. The jointly owned land was let under an Agricultural Holdings Act (AHA) tenancy to the company in which the deceased had, prior to the gift of shares, been the majority shareholder. Providing advice relating to the effect of the lifetime gift of shares and the reliefs available for inheritance tax. Advice provided as to whether the beneficial interest in the land held as joint tenants should be severed post-death or retained by the deceased’s husband, who is now the controlling shareholder of the company in occupation of the land, to obtain maximum possible reliefs for the family over time.

Advising the executors of the deceased who owned and ran two businesses as a sole trader, two businesses in partnership and had shareholdings in four limited companies.

Along with normal estate assets such as bank accounts and his home, Esther has worked with the deceased’s accountant, executors and property valuers to provide to HMRC a value of the business interests and to consider to what extent the various businesses qualify for Business Relief. This resulted in saving the estate around £2,500,000 in Inheritance Tax.

Acting for the executors of the deceased who owned and ran two businesses as a sole trader, two businesses in partnership and had shareholdings in four limited companies.

The deceased’s estate is valued at approximately £7 million. Along with normal estate assets such as bank accounts and his home, Esther has worked with the deceased’s accountant, executors and property valuers to provide to HMRC a value of the business interests and to consider to what extent the various businesses qualify for business relief. This is important as this relief is hugely valuable to the estate and will potentially save the estate around £2,500,000 in Inheritance Tax. If Esther’s application is successful this will avoid the need for the executors to sell assets which are involved in the deceased’s business. This matter has been complicated further as the deceased held assets in Spain as well as the UK.

Achievements & other appointments

Esther is a member of the Society of Trust and Estate Practitioners and the Agricultural Law Association.

Esther is listed as a Citywealth Leader and is named as a Rising Star by The Legal 500.

Probate Provider of the Year - South - Highly Commended

Education

Esther graduated with a BSc Honours Degree in Plant Science at Wye College, University of London and received her Diploma in Law and Legal Practice Course from the London Guildhall University.

Esther has sat further professional exams from 2007 to 2008 for the Society of Trusts and Estate Practitioners diploma for England and Wales (Trusts and Estates) for which Esther was awarded the award for Outstanding Student of the Year 2008/09 and the Trust and Estate Accounting Student of the Year.

Esther also took the Society of Trusts and Estate Practitioners Advanced Certificate in Will Preparation for which she achieved the highest mark for the March 2013 sitting.

Partner, Probate

Specialisms & expertise

Examples of work