Wills, Estates & Trusts

Probate

What is Probate?

Probate is the term applied to the process of winding up the estate of somebody who has died. A person or people (up to four) are responsible for ensuring that the deceased assets and liabilities are dealt with in accordance with the Will, or if there isn’t a Will in accordance with the rules of intestacy. If there is a Will they are known as executors and if there is no Will they are called administrators, collectively they are known as personal representatives.

The personal representatives will need to obtain a ‘Grant of Representation’ from the Probate Registry. This however can be handled by Graysons solicitors on your behalf. A Grant of Representation is a legal document which is proof that the person named in it is entitled to handle the deceased’s estate. For example, the personal representative will be able to use the form to withdraw funds from bank accounts.

There are three types of Grant of Representation.

1. Probate
   
   Issued to one or more executors named in the deceased’s Will

2. 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.

3. Letters of Administration
   
   Issues when the deceased has not made a Will, or any Will made is not valid.

Graysons solicitors can offer help with obtaining a Grant of Representation as well as dealing with the estate of the deceased. Contact us for a consultation where we will be happy to discuss the range of services we offer.

When is a Grant of Representation not needed?

In some cases a Grant is not needed, this is usually when the person who died left very little. You do not normally need to obtain a Grant when:

• Everything they owned was held in joint names with someone to whom the deceased’s share passes automatically (normally a husband or wife)
• Any bank or building society accounts that the person had contain less than £5000 (though banks and building society’s do have the right to insist on probate)

You will need to apply for a Grant if:

• Any bank or building society accounts contain more that £5000
• Any stocks or shares were owned
• Any property was owned (unless it was owned as a joint tenancy and so passes automatically to the other owner)

Contact us for a consultation or follow the links for more information.