Probate Services

Probate is the legal process that allows someone (an executor) to take care of a person’s money, property, and belongings (their estate) after they pass away. Think of it as the official authorisation to manage all the significant matters left behind.

When someone dies, their estate usually goes through probate to ensure everything is handled correctly. This involves applying for the legal right to manage their assets, paying off any debts, and distributing the remaining property according to their wishes.

To do this, you need a grant of probate.

During this time, it might also be worth exploring Lasting Power of Attorney, which can play a crucial role in managing your affairs if you’re unable to do so yourself.

A grant of probate is the official document issued by the court that confirms the authority of the executor named in the will. It serves as legal proof that the will is valid and gives the executor the power to handle assets, settle debts, and distribute the estate according to the instructions left in the will.

Obtaining a grant of probate is an essential step in the probate process, as it provides the executor with the legal authority to carry out their duties. It involves preparing and submitting the necessary application forms and supporting documents to the Probate Registry. The executor can manage the estate once the grant of probate is issued.

At Wills & Wishes Legal, we understand that this process may be unfamiliar and overwhelming for you. We are here to offer the guidance and support you need to ensure you fully understand the process.

The requirement for probate depends on various factors, such as the value and nature of the assets involved, as well as the presence or absence of a valid will.

In most cases, probate becomes necessary when the deceased person owns assets solely in their name. This could include property, bank accounts, investments, or valuable personal items. If these assets hold considerable value, probate is typically required to ensure a proper and lawful transfer of ownership.

Having a valid will doesn’t always mean you’ll automatically need to go through probate. The requirement for probate depends on a few factors and can vary from situation to situation.

In cases where the deceased person solely owned assets without any designated beneficiaries, probate is generally necessary. This means the assets cannot be directly transferred to the intended beneficiaries without involving the court.

However, it’s important to note that there are situations where probate may not be required, even if there is a will. For instance, if the assets were jointly owned with someone else, like a spouse or partner, they may pass directly to the surviving joint owner outside of the probate process.