UNDERSTANDING PROBATE

What is probate?

When someone we love dies, we face one of the most difficult times of our lives. Knowing how to deal with the estate, whether Grant of Probate is required and if so how to deal with it can be a lot to cope with. The administration of an estate can be a time consuming and often complex process and depending on the record keeping of the deceased and the complexity of their estate may take a considerable amount of work.

When someone dies it is necessary for someone (usually a family member) to apply for grant of representation to enable them to deal with the person’s affairs.

Probate is the term commonly used to mean applying for the right to deal with a deceased person’s estate.

Dealing with the estate can involve the distribution of property and financial assets in accordance with the Will, however the legalities vary depending on whether or not the deceased left a Will.

Maclaren Warner can help you by removing the burden of the legal work during this difficult time. We can ensure that the wishes of the deceased are carried out as quickly and efficiently as possible. We deal with all types of estates, from the straightforward to the most complex.

What if the deceased left a Will?

If the deceased left a Will, executors will be named in the Will and they will be responsible for carrying out the wishes of the deceased.

The executors have to apply to the probate registry for grant of probate which is a legal document confirming that the executors have the legal right to deal with the deceased’s affairs.

This document is required to deal with the person’s property, finances and possessions.

What if the deceased did not leave a Will?

If someone dies without leaving a Will, they are said to have died intestate. In these circumstances a relative will need to apply to the probate registry for grant of letters of administration; which gives them the legal authority to deal with the person’s estate.

We can deal with applying for grant of probate or grant of letters of administration on your behalf.

Is Probate always required when someone dies?

Not always. As a general rule a grant is not required when everything the deceased owned was held in joint names with their spouse and they are the sole beneficiary.

You should always seek legal advice to ascertain if this applies to you and to avoid any legal problems as a result of not applying for grant when it may be required.

It is also not usually necessary to apply for grant when the deceased has an estate of low value, for example a bank account containing less than £25,000. If the deceased held shares or substantial savings or a property then grant is always required.

How about Administration of a deceased estate?

Some estates are more complex, involving property, money in the form of bank accounts, investments and pensions as well as personal possessions of high value.

The deceased’s assets and liabilities need to be ascertained, their debts settled and their position calculated for income tax and inheritance tax. Assets such as savings, investments, shares, property and insurance policies all need to be taken into account to enable the estate to be dealt with properly and the assets distributed to beneficiaries.

Here at Maclaren Warner we are experts in dealing with high value and complex estates. Please contact us for a consultation.

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Clients choose Maclaren Warner for our unwavering commitment to excellence, personalised service, and proven track record of achieving favourable outcomes. With a dedicated team of experienced solicitors, we offer tailored legal solutions, compassionate guidance, and unwavering support, ensuring our clients receive the highest level of care and expertise throughout their legal journey.