Probate
This seems to be a word that strikes fear into many people when they have been told they are or asked to be an executor.
Many people think it’s something that MUST be done by a solicitor which is very far from the truth.
Firstly, Probate is the Legal Document that allows the Executors of the Estate to deal with Banks, Shares, Pensions & Property of the deceased. In order to do this an application is made to the Probate Registry and a Grant of Probate is given.
It is currently needed for Estates over £5,000 and can take up to 6 months or more.
Should a person die without a Will, then the MOST entitled inheritor, the closest living relative, can apply to become the Administrator of the Estate and will have to apply to Probate Registry for ‘a grant of letters of administration’ of the estate in order to proceed with probate.
It is worth bearing in mind, You cannot apply if you’re the partner of the person but were not their husband, wife or civil partner when they died.
As the executor of a will or administrator, you have personal and unlimited liability, which means that if you make a mistake you could end up footing the bill for any financial or legal claims that occur as result of your actions. This takes effect as soon as you undertake the role.
Claims may be brought against the executor in relation to the estate for up to 12 years after the death of the estate owner has been registered.
It is a complex and time consuming job and we are able to help with this should you need us too with either just The Grant of Probate or a full Probate Service in conjunction with specialist solicitors.
Our services and how we help
Wills
Will
Trusts
Lifetime
Trusts
Protective
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Probate
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What our customers are saying
FAQ’s
Here’s a small selection of the recent things as Estate Planners we’ve been asked about.
I don’t need a will my family can sort it out can’t they?
Well yes they can, however, dying intestate which is the legal term for not having a Will and the laws that surround this are more complex.
And you have no say in who will inherit your estate, that no matter what you have to leave whether it be a house, a car, jewellery or money, do you really want the State to decide who gets what. It’s a sure fire way to cause a family disagreement when no one knows who you wanted to have items of sentimental value.
There is also a more important reason if you have children and don’t appoint Guardians, then the Courts will decide who brings them up. That doesn’t guarantee it will be who you would have chosen and until a court appointed guardian is in place, they could well be in Local Authority Care.
We are thinking of putting the house in our children’s name.
In an ideal world this seems such a simple thing to do. The reality is very different.
If your house is owned by your children, this means it’s their asset and you are no longer the owners.
Which means should they divorce it will be used in the financial settlement award to the other spouse. If they get into debt it will be used as an asset to settle this. If they like, they can re-mortgage or secure finance against it.
They can sell your home without any consent from you, leaving you without the roof that you worked hard to put over your heads.
It will all go to my Partner won’t it?
Well, unfortunately unless you own your property and bank accounts as Joint owners then this may not happen as English Law doesn’t recognise “Common Law” no matter how long you have been together. They only way that you can guarantee they will get what you want them to have is by writing a Will.
I made a Will leaving something to my children before I got married.
In an age where blended families are common, many people are surprised that the act of Marriage invalidates your will, so even if you made one previous to your wedding then you will die intestate. That means that the law leaves the first £270,000 and half of everything else to your new Spouse. Also, once someone has inherited, its theirs to do with as they please and a surprisingly high number of step children are either accidentally or deliberately disinherited.
We aren’t old enough for LPAs or a Will.
None of us like to think there will be a time when we can’t manage without help, whether that be someone doing your shopping or paying your bills. Or even worse who will look after your loved ones when you can’t.
Unfortunately, dozens of people in their 40’s are being diagnosed with dementia, some as young as 23.
That’s without the effects that Viruses like CV19 can cause leading to long term care needs.
Also, accidents happen and none of us have a crystal ball to foresee what’s around the corner.