Probate

WHY GLOVERPRIEST?

Dealing with a bereavement is difficult enough but sometimes you might also be required to handle the administration of a loved ones estate during your time of grief.
Being a personal representative of an estate can be an onerous task. We can help by advising personal representatives what to do and even deal with the entire estate on your behalf.

What is probate?

Probate is the legal process of dealing with the estate of someone who has died, which generally means clearing their debts and distributing their assets in accordance with their will.
If the deceased has left a Will, it will name someone that they’ve chosen to administer their estate. This person is known as the executor of the Will.

Does everyone need Grant of probate?

No. If there's only jointly-owned property and money which passes to the other owner such as a  spouse or civil partner when someone dies, or when there is a ‘small estate’ probate will not normally be needed.
There is no set definition of a small estate. Banks and financial institutions will release funds from a deceased person’s account without Probate, but only if the asset is under a certain value. 

What Is A Grant of Probate?

Before starting the process, the executor must apply for a Grant of Probate, a legal document that gives them the authority to deal with the deceased’s property. Probate ends once all taxes and debts have been paid and all inheritance passed on.

How does probate work?

Probate can be very simple or very complex, depending on whether or not the deceased left a Will. For the majority of cases, the probate process is a necessary responsibility for the ‘Executor’ – the person named in the Will.

The probate process, has four key stages :-

• assessing the assets and liabilities
• the application to the probate Court and the issue of the Grant of probate (Called Grant of Letters of Administration in a case where there is no Will)
• collecting in the various assets and paying liabilities
• distributing the estate in accordance with the terms of the will

Our solicitors can advise on or help with any stage of the probate process.

How Long Does Probate take?

Once applied for, a grant of Probate normally comes through in about 18 weeks provided there are no complications. However, it can take longer depending on the complexity of the estate being dealt with. In many cases, it can take months to even be in a position to apply for a Grant of Probate.

What is the cost to Probate?

We pride ourselves on offering an outstanding legal service at a highly competitive cost personalised for each of our clients.
The exact cost of dealing with any probate matter is dependent on a number of factors.  For example, whether or not there is a Will, the number of beneficiaries/monetary bequests, the number and type of assets held by the deceased, whether any reliefs can be claimed and whether the estate is taxable. If these factors apply there may be additional work which may increase our charges.

Who can apply for Probate?

A person can apply for grant probate if you are over eighteen and:

• You are an executor named in the will;
• You are named in the will to receive some or all of the estate (if there are no executors, or if the executors are unable or unwilling to apply);
• The deceased person did not make a will and you are their next of kin, in the following order of priority:
•  lawful husband or wife or civil partner (a civil partnership is defined as a partnership between two people of the same sex which has been registered in accordance with the Civil Partnership Act 2004). Unmarried partners cannot apply for probate.
• sons or daughters (excluding step-children) including children adopted by the deceased. (Children adopted out of the family can only apply in the estates of their adoptive parents and not their biological parents. )
• Grandchildren and great grandchildren
• Parents
• Siblings
• Half Siblings
• Grandparents
• Uncles, Aunts, Nieces or nephews
• Other close relatives

Can I Contest a will?

You may be able to challenge or contest a Will if you think it doesn’t accurately represent the deceased’s intentions for their estate, or because you think it is invalid for other reasons.

The grounds for contesting a will include: 

• lack of testamentary capacity
• undue influence or coercion
• lack of knowledge and approval
• Wills Act 1837
• and forgery and fraud.