What is Probate?
When a person dies leaving a Will
The Will would name the deceased’s chosen executors. The role of those executors would be to manage the deceased’s estate until it can be distributed to those entitled to it under the terms of the Will. They will have the power to sell, encash or transfer assets belonging to the person who has died (the Testator). This is called “getting in” the Estate from which they have to pay inheritance tax, funeral expenses, debts and liabilities of the Testator.
Grant of Probate
The Grant of Probate issued by the Court is conclusive evidence as to the terms and due execution of any will (or codicil). The Grant of Probate confirms the executor’s title to act. Although an executor’s title to act derives from the will (or codicil) and the deceased’s property vests in the executor on death giving the executor full authority to deal with it without a grant, a grant of probate is the only acceptable proof of the executor’s title and will always be required to enable the executor to deal with the deceased’s freehold or leasehold property.
The obtaining of a Grant can be stressful and time consuming. Entitlements are subject to a number of important provisos relating to the validity of the Will. A will for instance can be revoked by operation of the law. Marriage, Civil Partnerships and divorce can all affect the validity of the testators will. Other formalities would also have to be considered. The process will also involve a personal attendance at Court. Kew Law can offer a fixed-fee service whereby we prepare the papers that lead to a grant of probate and make an application to the Court on your behalf.
Grant of Letters of Administration with Will Annexed
If a person (Testator) has made a valid Will but the executors have predeceased them or are unable or unwilling to act then certain individuals will be entitled to take out a Grant of Letters of administration with will annexed. There is an order of priority of those people entitled to take out the Grant and we can advise you quickly on what to do.
What happens if there is no will or the will is invalid?
If there is no will or the will is invalid the estate would be distributed under the rules of intestacy.
Contact us or call 0800 987 8156 to book an initial consultation with our Probate Solicitor.
Solicitors in Braintree, Witham, Maldon, Colchester, Wickford, Burnham-on-Crouch and Chelmsford
