The name Probate is technically misleading as it refers to the "process of legally establishing the validity of a Will before a judicial authority”. It is therefore only a small part of the estate administration process. A more useful definition is Estate Administration.
When you have a legally valid Will the process of administering your Estate on your death is the responsibility of your Executors. Your Executors will be responsible for administering your Estate and your assets in accordance with the terms of your Will, and the rules and laws of probate. They will need to apply to the Probate Registry for a Grant of Probate. We can guide you as to how you can select the right people for the role.
When you die without a legally valid Will (dying intestate) then a close family member will need apply to the Probate Registry to become an administrator of your Estate.
There are few things as traumatic as dealing with the death of a loved one. However it is a reality that we will all face at some point in our lives, and when we do, the pain experienced is often exacerbated by the legal issues death often brings. Dealing with insurance companies, HMRC, locating the Will, and securing the assets are but a few of the draining but necessary things to be dealt with. Add to that grieving family members, gathering the money, assets, and investments, it is little wonder that many families are overwhelmed by this life event.
Executor’s duties are not simple and it is a process that few people really understand. Therefore it is crucial that you have the right people appointed to ensure that your wishes are adhered to and in accordance with the rules and laws of probate.
Here at Charis Life Planning we are able to provide you and your Executors with advice and support throughout the entire process. Also as an APS Probate Associate, we are to offer professional Probate Services via Assured Probate Services
, or alternatively you may wish to appoint APS Legal as Executors either solely, jointly or in reserve to reduce the burden on loved ones.
When a loved one dies intestate, their estate must still be dealt with according to the Law. Charis Life Planning is able to provide advice and real assistance in those circumstances as well.
There are some occasions when a Grant of Probate may not be required. This is generally when the deceased’s assets are worth £5,000 or less, or when the assets were jointly owned with another person who is still alive. For example if house is owned jointly as Joint Tenants, the house would automatically pass to the other joint owner by survivorship, however there is a procedure to follow in order to do this.