Probate Frequently Asked Questions
Taking care of a loved one’s estate and financial affairs when they die can be complicated and confusing. Especially at such an emotional and difficult time. Below are some answers to frequently asked questions about Probate.
Probate Options For Swearing An Oath*UPDATE*
On the 27 November 2018, the Non-Contentious Probate (Amendment) Rules 2018 came into effect. These rules have amended the way in which individuals can apply to the court for a grant of probate in a deceased person’s estate.
The amendment now allows for a personal representative (executor) of the deceased estate to make a statement of truth instead of having to swear an oath.
More info regarding the amendment can be found using the following.GOV webpages:
If in doubt please contact your local probate registry for more information
A Will must be considered valid in order to obtain a Grant of Probate.
When making a Will it is important to ensure it has been drafted correctly to avoid any future potential Will disputes, which can often arise if a Will has been incorrectly made and the validity of a Will, therefore comes into question.
A person who makes a Will is known as the Testator. As part of the process of making a Will, they would have chosen one or more Executors to act as Personal Representatives for their estate In the event of their death.
Executors are required to carry out certain duties in order to legally fulfil their obligations.
Depending on the size of the estate and any individual Wishes and circumstances there will be a number of duties that an Executor is required to carry out.
When a person dies somebody has to administer the winding up of their estate. This will involve collecting in all assets including money and property. Paying any debts and then distributing the estate to the people who are entitled to it.
As part of this process, the Probate Registry issues a legal document authorising one or more people to carry out the administration of the deceased estate.
This document is called a “Grant of Representation”, also sometimes referred to as a Grant of Probate.
There are three types of Grant of Representation
The Probate Registry is responsible for making sure that an applicant is entitled to be given a grant. And to check that any Will produced appears to be properly made.
Probate registries are open Monday through Friday. The majority of them open from 9:30 AM to 4:00 PM. However, I recommend that you check before attending.
Probate Interviews are by appointment only and are arranged by the District or Sub Registry.
- Written by: Jason
- Category: Care Home Fee Planning, Document Storage, Funeral Planning, Inheritance Tax Planning, Lasting Power Of Attorney, Probate, Tenancy Status / Land Registry, Will Writing
- Published: 17th December 2013
Confused About Will Writing and Estate Planning Terminology?
In order to help you through the maze of Will Writing and Estate Planning technical Terms. Mind At Rest Wills have put together an A to Z glossary of the most common legal terms used in writing your Wills and Trusts, we hope you find it useful.