Expert Property Lawyers

What is it?

Probate is something which most people have heard of but many are unsure exactly what it is.

A Grant of Probate is an authority given by the Court to people who are named as Executors in the Will confirming their authority to proceed with the administration of the Will. The Grant is attached to the original Will and the Court provides official copies on A4 paper which can then be distributed as required.

How can we help you?

When somebody dies this is obviously a very distressing time for the nearest and dearest of the deceased. We try and provide a sympathetic and understanding approach to those in that situation and are able to advise on how best to proceed and to take the burden of administration off the shoulders of the Executors.

How long will it take?

Probate matters have a notorious reputation for being dealt with slowly and at a great length. As with all of our services we try and deal with matters as quickly as possible and without any undue delay, although the exact amount of time it will take to administer an estate and release the funds will depend on the size of the estate and the number of assets and liabilities that the deceased person has.

How do you get a Grant of Probate?

We have to write to all the asset holders asking for a final balance of the accounts or valuation of the assets at the date of death. We also write to those who may be owed money by the estate and find out the figure at death. Once these figures are to hand we can then prepare what is called the Oath for Executors. This is a statement setting out how much the gross and net estates of the deceased are and confirming that the Executors will faithfully administer the estate and follow the directions given in the Will.

In smaller estates, where no Inheritance Tax is payable, once that document has been sworn it is submitted to the Probate Registry with the necessary fee and the original Will. The Registry check through the papers and if everything is in order then give the Grant of Probate. In larger estates Inheritance Tax may be payable and at least some of this must be paid before the Grant of Probate can be issued. Sometimes it is necessary to obtain a loan from the Bank for the Executors and it that is the case we can help organise that.

What happens after the Grant of Probate?

Once the Grant of Probate has been issued an official copy of the Grant can be sent to those institutions that hold the assets and when these are released the debts are paid and the estate can be distributed in accordance with the Will.

What happens when there is no Will?

Where there is no Will then the general law on intestacy applies. The next of kin or a near relative of the deceased will have to make a similar Oath to that of the Oath for Executors confirming his or her standing in relation to the deceased and that he or she will administer the estate faithfully in accordance with the laws of intestacy. A similar procedure to find out the value of assets and liabilities of the deceased will be needed before an application of the Grant can be made. The Grant in this instance is called a Grant of Letters of Administration.

Once the application to the Probate Registry has been made the procedure is much the same as with a Grant of Probate although, of course, when the estate is to be distributed there is no Will to follow and it is important to follow the laws of intestacy at this point as regards distribution.