HilliersHRW Solicitors LLP > Home > Legal Services > Wills, Probate & Trusts > Probate
 
 
Private Client Department
Probate
 
 

Probate is the term commonly used when obtaining the right to deal with a deceased person's affairs (called 'administering the estate').

It can prove to be a difficult time following the loss of a loved one to find yourself confronted with lots of paperwork and legal words such as 'Grant of Representation'. It can be baffling and confusing to cut through the legal processes and to arrive at a clear understanding of what needs to be done in your own personal circumstances. Many people think a Grant is always needed and this may not be the case depending on the value of the assets or whether they were held jointly with someone else or in the deceased’s sole name.

After a death various matters need to be dealt with, including dealing with any property that is owned whether jointly owned or not, the closing down of bank accounts, encashing or transferring shares and investments and settling any debts the person may have had.  Banks and building societies may start referring to "probate" but this can become confusing as many people do not know what it means. Probate is simply the term commonly used for obtaining the legal right to deal with a deceased person's affairs ('administering the estate').

If the person who has died had a Will, the executors (the people chosen to carry out instructions set out in the will) are likely to need a Grant of Probate in order to do so.  The Grant of Probate means that the court confirms the validity of the will and gives the executors legal authority to carry out any instructions stated within the Will.

If the person did not have a Will, and therefore died 'intestate', the law decides how the estate will be distributed.  The 'administrators' (usually the next of kin) will need to have a Grant of Letters of Administration before they can start to deal with the deceased person’s affairs.  Dealing with this type of estate can become particularly confusing as the administrators have to ensure that distribution is made to the correct people.  The common belief is that if there is no Will, everything passes to a spouse but this is not strictly true and only applies to estates that are relatively small in value.  Also under the intestacy laws there is no recognition of unmarried partners although it can be possible for an unmarried partner to successfully claim dependence upon the estate and then be provided for.

HilliersHRW Solicitors offer different levels of assistance to meet your personal circumstances, including:

  • A one-off meeting to explain how you can deal with matters yourself whether there is a Will or not and this is available for a one off set fee.
  • Easing the burden by obtaining the Grant of Probate or Letters of Administration on your behalf only;
  • Taking the pressure away completely by dealing with the entire estate on your behalf.

Contact:
Fiona Nash. Stevenage Office: 01438 346000.
Paul Gotch. Bedford Office: 01234 858000

Back to top