Probate

What is Probate?

If the person who has died didn't leave a will

If there is no will, a close relative of the deceased can apply to the probate registry to deal with the estate. In this case they apply for a 'grant of letters of administration'. If the grant is given, they are known as 'administrators' of the estate. Like the grant of probate, the grant of letters of administration is a legal document which confirms the administrator's authority to deal with the deceased person's assets.

In some cases, for example, where the person who benefits is a child, the law states that more than one person must act as the administrator.

If the person who died lived in Scotland

If the deceased person lived in Scotland you apply for a 'grant of confirmation'.

Personal representative

This is a general term which means executor or administrator.

Grant of representation

This is a general term which includes grants of probate and grants of letters of administration.

Is a grant of probate/representation always needed?

When a grant is needed

A grant is almost always needed when the person who dies leaves one or more of the following:

• £5,000
• stocks or shares
• certain insurance policies
• property or land held in their own name or as 'tenants in common'.

In most cases above, the bank or relevant institution will need to see the grant before transferring control of the assets. However if the estate is small some organisations, such as insurance companies and building societies, may release the money to you at their discretion.

When a grant may not be needed

• the person who died left less than £5,000
• they owned everything jointly with someone else and everything passes automatically to the surviving joint owner.

To establish whether the assets can be obtained without a grant, the executor or administrator would need to write to each institution informing them of the death and enclosing a photocopy of the death certificate (and will if there is one).

Probate and Inheritance Tax

The personal representative won't be granted probate until some or all of any Inheritance Tax that is due on the estate has been paid.

For more information about Probate please visit:

 http://www.hmcourts-service.gov.uk/infoabout/civil/probate/index.htm 

Local Solicitors in Ilford, Barkingside

For more information and guidance on Probate, Wills etc., please contact any
of the Solicitors listed below:

AH Page Solicitors - http://www.ahpagesolicitorsilford.co.uk

Edward Oliver and Bellis - http://www.eoblaw.co.uk

Margaret M. Frame & Co Solicitors - http://www.mmframe.co.uk