Hannah Pearson, of Pearson Solicitors and Financial Advisers, explains what probate is and how it works.
IT is never easy when a loved one dies – as well as the grief and sadness there seems to be a never-ending list of jobs and administration tasks. When there is a Will, the appointed Executors have to administer the estate and apply for a Grant of Probate.
“Probate is the legal term generally used to describe the administration of the affairs of someone who has died,” explained probate specialist, Hannah Pearson, of Pearson Solicitors and Financial Advisers.
“However, for many people it is a daunting word and they are not too sure what it exactly means.
“When a person dies, the last thing their relatives want to think about are the legal implications.
Unfortunately, there are numerous matters that must be addressed in a timely manner.”
At such a difficult time as the loss of a loved one, you will need the services of a supportive solicitor who can guide you through this often complex area of law, particularly if unforeseen complications arise.
What happens where there is no Will?
If there is no Will, the estate will be distributed in accordance with the intestacy rules. These rules are strict and dictate who is entitled to benefit.
Anyone who is entitled to inherit the estate can apply for a Grant of Letters of Administration (the alternative to a Grant of Probate) from the Probate Registry authorising them to deal with the estate.
How long does it take to administer an Estate?
This varies from case to case and will depend on a number of factors, including how many assets there are, whether Inheritance Tax (or any other tax) is payable, and whether anybody makes a claim against the Estate. Most simple estates should be fully administered within six to 12 months.
For advice or just a friendly chat call Hannah on 0161 785 3500 or email hannah.pearson@pearsonlegal.co.uk