Wills & Probate

Dealing with the financial affairs of the deceased can often be distressing and complicated, whether there is a sound will in place or not. The process can be made much easier by having an experienced solicitor to guide you through. In fact, appointing a solicitor as the executor of your will is a good idea even if you and your family are still in the process of preparing your will.

Speak to an Expert

1st Contact Law is highly experienced in all matters pertaining to wills and probate. If you are an executor to a will or have any questions pertaining to wills, probate or grants, please contact us to leave your details and one of our knowledgeable solicitors will contact you shortly.

What does Probate Mean?

Probate occurs when an individual is responsible for handling the estate of a deceased person. The grant of representation is the legal document distributed by the probate registry. Letters of administration without a will, letters of administration with a will, and probate are three types of grants of administration. When a will lacks an appointed executor, letters of administration can be issued. The second types of letters of administration are issued when no will has been issued or the will in question is in doubt.

How is a Grant of Representation Utilised?

A grant is evidence that the person named in the will may collect the money. Businesses possessing funds in the name of the deceased must know the true person to turn the money over to. It would also appoint the correct people to distribute the estate. The estate remaining when a person dies is distributed to the individuals as stated in the will. If there is no will in place, the deceased's estate passes on to his or her next of kin.

Is a Grant Always Required?

Sometimes a grant is not a necessity. Ask the company holding the deceased's funds whether they will turn it over to you without a grant. If an insurance company or other small organisation holds the deceased's money, they may release the money without a grant. A jointly-owned property does not require a grant as it passes on to the survivor. A grant is however necessary in order to transfer or sell property held in the deceased's name.

Who Qualifies for a Grant?

In most cases it is the will's executors who receive the grant. If no executor is designated in the will, then the person who receives most of the property of the estate is entitled to a grant. In a situation where there is no will, the next of kin should apply for a grant, provided they are not younger than 18.

Wills

A will is a document setting out your instruction telling your Executors what to do with your property when you die.