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It is never easy when someone close to you passes away, and the prospect of dealing with someone’s affairs as a personal representative can be particularly stressful when you are grieving.
When someone passes away there are a number of things which need to be carried out. These include registering the death within the appropriate time limit, securing any assets, arranging the funeral, settling any debts and applying for the grant of probate or grant of letters of administration.
If the deceased left a Will, there will be one or more executors who have been appointed to administer the estate. Issues arise where there are disagreements between executors or where the executors are unwilling or unable to act.
If a Will does exist, the Executors may need to apply for the grant of probate depending on which assets were held by the deceased and how they held them. For example, if a property is owned as tenants in common between the deceased and their surviving spouse, grant of probate is required in order to transfer the property into the sole name of the survivor. This is also the case for properties in the sole name of the deceased which pass to the survivor under the Will. Also, some financial institutions (such as banks and building societies) may require probate to release funds over a certain amount to the Executor, even if it is stipulated in the Will that funds are to pass to a particular beneficiary.
We understand that applying for probate can be a complicated process and so we offer various options for assisting with the application for grant of probate and with the ongoing administration of the estate.
If someone passes away without leaving a valid Will, the intestacy rules will apply. There are a number of situations where this can arise:
Who completes the process when someone passes away without a Will is determined by an order set out in legislation, this will depend upon who has survived the deceased.
The personal representative must apply for the grant of letters of administration. This gives the personal representative the legal right to administer the estate, once the probate has been granted
Our Wills, Trusts & Probate team are experienced in dealing with applications for probate and dealing with the administration of an estate. We are happy to guide you through the process, whether you simply require help with the probate application, or whether you would like assistance with administering the estate as well.
Glanvilles can assist executors and, if appointed under a Will, Glanvilles can act as executor and deal with a wide range of estates. We understand that every estate is different. Whether the estate contains a range of different assets and trusts or simply comprises a property and perhaps a bank account we are happy to assist.