Will Writing - Lasting Power of Attorneys - Specialist Trusts
Probate Guidance
What is Probate?
After a person has died, a process begins to distribute their estate (property, money, possessions) to the people named in their Will. This will be carried out by the Executor/s, who are named in the Will. This could be a trusted family member or friend, or it could be a Solicitor.
If the deceased person has a Will…
The Executor will complete the relevant forms and apply for Grant of Probate. How long this takes will vary depending on how complex the estate is. In any event, it will take a number of months before you get the Grant of Probate certificate. Once you have this certificate, you can start to pay off any debts and carry out the wishes expressed in the Will.
If the deceased person doesn’t have a Will…
In this situation, the process is more complex and will take longer. As there is no Will, there is no named Executor. You will need to apply for Grant of Representation. This is a request for the authority to deal with the estate.
It’s really important to get these processes right first time. Errors or omissions in the paperwork can delay the process by months.
It can be a stressful and time consuming process, which isn’t what you need right now. I highly recommend seeking professional help to make sure the process goes through as quickly and smoothly as possible.
I can give you guidance and put you in touch with my trusted associates who will be able to support you through the process. All for less than a solicitor would charge.
To speak with our probate advisor call 01424 717214 or click here to contact us online and we will call you.
How do I apply?
We are happy to advise and can act on your behalf for a significantly lower cost than a solicitor would charge to achieve exactly the same outcome. To speak with our probate advisor call 01424 717214 or click here to contact us online and we will call you.
There are three types of Grant of Representation:
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Probate
If the deceased has a Will, the executor/s named in their Will may need to apply for a 'grant of probate', confirming they have the right to access funds, sort out finances, and collect and share out the deceased person's assets. This is called 'administering the estate'.
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Letters of Administration (With Will)
Issued when there is a Will but there is no executor named. Or when the executors are unable or unwilling to apply for the grant.
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Letters of Administration (Without Will)
Issued when the deceased has not made a Will, or any Will made is not valid. Known as 'dying intestate'. A close relative of the deceased can apply to the probate registry to grant them the permission to deal with the estate. If the grant is given, they are known as 'administrators' of the estate. Like the grant of probate, it is a legal document which confirms the administrator/s have the authority to deal with the deceased person's assets.
The distribution of the estate is the responsibility of the person named in the grant.
Is a grant necessary?
A grant will always be required to sell any property or land held in the deceases sole name or registered as 'tenants in common'. Also, organisations holding money in the deceased's name may request to see the grant to prove that the person named in it may collect the money.
Other situations when a grant is almost always needed:
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When the person who passes has left more than £5,000.
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Stocks or shares in deceased name only.
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Certain insurance policies.
A grant may not be required:
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If the whole of the estate is held in joint names and passes automatically to the surviving spouse/joint owner. For example, a savings account, jointly owned land, property or shares
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If the estate doesn't include land, property or shares.
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If, after the funeral expenses have been paid, the amount of money held by the organisation is under a certain amount, they might be prepared to release it to you without you having to apply for probate or letters of administration. This amount may vary from one organisation to another, so you will need to check with each one.
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Some banks and building societies will release quite large amounts without the need for probate or letters of administration. Also some banks and building societies will release money needed to pay for a funeral, probate fees and inheritance tax but nothing else until you have been granted probate or letters of administration.
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Unfortunately, they do not have to release anything - however small the amount of money. If the organisation refuses to release money without probate or letters of administration, you must apply for probate or letters of administration even if it is not otherwise needed.