A Will is a legal document that ensures your money and estate is inherited by the people you want to benefit and, of equal importance, ensures the individuals who you don’t want to benefit from your estate are excluded.
A Grant of Probate is a legal document which gives a person legal authority to the money, property and personal possessions (the estate) of the person who has died. If the deceased left a Will, the representative is called an Executor and. If the person who died has not made a Will with the Estate is called an ’Administrator’. I someone has died and you’re named as an Executor in the Will, or you’re an Administrator, you will probably need to apply for Probate. To apply, you’ll need to check the validity of the will (if there is one), value the estate, confirm who has the authority to handle estate administration and pay any Inheritance Tax. Estat administration is the process of handling the estate. It includes selling, transferring or distributing assets, dealing with all the legal, financial and tax affairs, and preparing estate accounts.
The rules relating to Probate will be very complex and while simple Estates may not require legal input, if there are complications you may need some help.
You can only obtain a “Grant of Probate” where there is a Will and the Executor applies for it.
If there is no Will then the grant is applied for by the next of kin and is called a “Grant of Letters of Administration”. There are special rules which set out who could apply for such a Grant.
If there is a Will but no executor (or an Executor refuses to act) the application is usually made by one or more of the beneficiaries and is called a “Grant of Letters of Administration with the Will annexed”.
Again, there are special rules which set out who could apply.
Where the is more than one executor named in the Will, but not all want to be involved in the Estate. Those who do not wish to be involved will need to renounce their right to take a Grant.
We can act as the personal representatives for the deceased person or we can act for the personal representatives of the deceased person, whether the estate is subject to probate (if there is a Will) or administration (if there is no Will).
It is important for you to make a Will whether or not you consider you have many possessions or much money. It is important to make a Will because:
Grounds for contesting a Will are as follows:
Any application to contest a Will must be made within 6 months of the Grant of Probate or Letter of Administration being obtained.
If you have children by a previous relationship and have since married someone other than their parent or you make no Will, your children will receive nothing.
If you choose to appoint this firm as a sole or joint Executor of your Estate we will:
If you choose not to appoint this firm as an Executor of your Will, we will charge £350.00 plus VAT for preparing a simple Will leaving the entire Estate to named individual(s):
For more complex Wills we have to consider the amount of work involved and this will be charged out to you at £250.00 plus VAT per hour or we will agree a fixed fee with you. Generally preparing a Will does not require us to incur any disbursements but if you require us to travel to you we will charge mileage and exceptionally we may require a medical report to confirm you retain capacity to prepare a Will, which would incur a fee to the medical professional