Your Probate Solicitors Can Help Secure Grant of Probate
Grant of probate gives the executor or executors named in a will the authority to deal with the deceased’s estate. This can be dealt with solely by the executor. Alternatively, he or she can seek probate legal advice and ask specialist probate solicitors to make the grant application on their behalf.
These grants of representation are made to the Probate Registry. This body issues different types of grant. Firstly there is the grant of probate where the will names one or more executors. Second there is the grant of letters of administration where the will named no executors, those named do not wish to undertake the task, or they are unavailable.
Specialist probate solicitors will be able to advise on the intricacies of the law and make the application if necessary.
Applying for a grant is not always necessary. This is particularly so if any family property is jointly held and passed on to the surviving spouse/partner. Similarly, if there is a joint bank or building society account it may not be needed, though these institutions may need to see a death certificate. Also if the amounts of money in any account are small they may be able to be released without probate.
Who can actually apply for grant of probate is determined by law. The executors will receive a grant. If no executor has been named then the grant will be to the person set to inherit the largest amount from the will. If no will has been made then the next of kin will be able to make an application for the grant.
It should be understood the task of executor carries an enormous amount of responsibility. These responsibilities might include checking the will’s validity, dealing with any requests from beneficiaries to modify the share out, setting up trusts and then managing them, calculating any inheritance tax liability as well distributing the estate to the beneficiaries. And this list of tasks for the executor is by no means exhaustive. However, assistance is available for those who want it, particularly advice and practical assistance from specialist probate solicitors.
Admittedly, probate legal advice can seem costly. Hourly fees are charged and/or a percentage of the estate. However, by engaging specialist probate legal advice the executor will not only be guided through a legal minefield and spared much of the stress and strain. This is why the help of specialist probate solicitors in such circumstances are so important.
