Probate

Dealing With Someone’s Affairs When They Die

Wills FAQ Book

Have you recently suffered a bereavement?

Dealing with someone’s affairs when they die can be complicated and confusing, especially at a difficult and emotional time.

Whilst it is possible to deal with these matters on your own we often find that getting professional support to administer your friend or loved ones estate makes the process run much more smoothly and helps avoid costly and stressful mistakes being made.

Executor Responsibilities

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What is involved in routine estate administration?

Executors of a Will have the legal responsibility of establishing the extent of the deceased estate, paying the liabilities and expenses of the deceased, including any inheritance tax where applicable, and distributing the remaining residual balance of the estate to the chosen beneficiaries.

The law requires that the administration of a deceased persons estate be carried out with due diligence, Administering an estate usually involves the following steps:

Probate Explained

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Probate Frequently Asked Questions

Taking care of a loved ones estate and financial affairs when they die can be complicated and confusing, especially at such an emotional and difficult time. Below are some answers to frequently asked questions about Probate.

What is an Estate?

A persons Estate is everything that they own including all of their assets and their liabilities.

Disputing a Will

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Contentious Probate and Disputing a Will

The death of a Spouse,Partner, parent, friend or other loved one is always an emotional time and can sometimes be very stressful. Especially if their Will is challenged or if there is a dispute relating to their Estate.

How to Register a Death in England & Wales

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When someone dies in England or Wales the death must be registered with the Registrar of Births and Deaths.

If the persons death has been referred to the coroner you will not be able to resister their death until the registrar has received the coroner’s
permission to do so.

Probate Options For Swearing An Oath

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As part of the process of applying for probate you will need to complete the PA1 Probate Application Form and the IHT205 Inheritance Tax Form and send or take them to your local Probate Registry.

The next step after the forms have been processed is to swear an Oath.

The Probate Registry will send the Oath to the first named applicant on form PA1, if there is more than one applicant named on the PA1 then all applicants will need to swear the Oath.

What Invalidates A Will?

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If you are considering making a Home Made DIY Will you need to be aware that a Will is not considered to be valid if it does not fulfill the requirements of the Will's Act 1837

A Will must be considered valid in order to obtain a Grant of Probate.

Executor Duties

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A person who makes a Will is known as the Testator. As part of the process of making a Will they would have chosen one or more Executors to act as Personal Representatives for their estate In the event of their death .

Executors are required to carry out certain duties in order to legally fulfill their obligations.

Depending on the size of the estate and any individual Wishes and circumstances there will be a number of duties that an Executor is required to carry out.

What Is Grant of Probate?

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When a person dies somebody has to administer the winding up of their estate, this will involve collecting in all assets including money and property. Paying any debts and then distributing the estate to the people who are entitled to it.

As part of this process the Probate Registry issues a legal document authorising one or more people to carry out the administration of the deceased estate.

This document is called a "Grant of Representation", also sometimes referred to as a Grant of Probate.

Probate Registries (England & Wales)

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The Probate Registry is responsible for making sure that an applicant is entitled to be given a grant, and to check that any Will produced appears to be properly made.

Probate registries are open Monday to Friday. The majority of them open from 9:30 AM to 4:00 PM. However I recommend that you check before attending.

Probate Interviews are by appointment only and are arranged by the District or Sub Registry.

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