Wills and Probate

Consult a Solicitor

It is generally advisable to contact a Solicitor who can help with any concerns you may have. They can advise and assist with wills, problems of intestacy, debts, letters of representation and other important matters. If a Will has been made it may be with personal papers, the contents can then be checked quickly to ensure that we are carrying out their wishes. If the Deceased has contacted a Solicitor in recent times it is important that you contact them as soon as possible.

A Solicitor may save you time, money and avoid unnecessary trouble. We can provide you with a list of local Solicitors if requested, however the executor/s can deal with Probate matters if preferred.

Probate

When a person dies, somebody has to deal with their Estate, including their money, property and possessions. They have to pay all the debts of the Estate and distribute he funds of the Estate to those entitled in accordance with the Will.

The Probate Registry issues the document called the Grant of Representation

There are three types of grant:

• Probate issued to one or more executors named in the Will

• Letters of Administration (with a Will) when there is a Will but no executor named or the executor is unable to deal with the Estate

• Letter of Administration, where no Will has been left or the Will that has been left is invalid

The Grant is necessary because organisations holding money in the Deceased’s name need to know to whom the money is to be paid. The distribution of the Estate is the responsibility of the Person named on the deed.

Sometimes the Grant is not necessary if the Estate is of small value and there are no complications. It is prudent to check with the Probate Office in all cases first as legislation can change.

Further information can be found at https://www.gov.uk/wills-probate-inheritance, with relevant forms and guidance booklets available to download.