Category: probate

A Grant of Probate is a type of legal permission which allows a person’s Will to be actioned and their Estate divided up after they die. The person or people seeking this permission (known as Executors) are appointed in the deceased’s Will.

It is their responsibility to make sure that a Grant of Probate is in place before they share out any of the deceased’s money, belongings, or property.

A Grant of Probate confirms the will is genuine and provides the Executor with legal authority to act. This permission is usually necessary before being granted access to a deceased person’s bank accounts or before their property or other assets can be passed on to their heirs in line with any Wills they have in place.

A Grant of Probate is not required under some circumstances, for example, if the deceased’s Estate (the total of all their possessions, property, investments, etc.) is worth less than £10,000 or all their assets are owned jointly with someone else.

It is always sensible to speak to a professional to confirm this because not applying for Probate when necessary is against the law. Sometimes this is a simple task, but it can be challenging or especially time-consuming if the Estate is complicated or there are many beneficiaries to consider and keep up to date.

There is a fee involved in applying for a Grant of Probate, and it may also be necessary to file for inheritance tax.

To apply for a Grant of Probate, the Executor must complete certain forms and send these to the proper authorities. In England, Wales, and Northern Ireland, these need to be sent to HM Courts Tribunals Service, while in Scotland, these need to be sent to the Sheriff’s Office.

Capital Life’s Probate service and Pre-Paid Probate Plans can take the stress and confusion out of the Probate process while helping to spread the cost ahead of time. Contact them today to find out how they can help and to undertake a free inheritance planning review.

When a grant of Probate is issued, the person or people appointed in the Will to divide up the deceased’s estate (the Executors) have the legal permission to do so and can begin this task.

The first part of this process usually involves informing all interested parties, including beneficiaries set to inherit from the Estate, banks, building societies, or other organisations holding funds or assets. These organisations Will usually need to be sent a copy of the grant of Probate before they release any funds.

When the grant of Probate is in place, the Executor can begin administering the Estate, this involves closing any bank accounts, pensions, or life insurance policies, selling any property if appropriate, or distributing belongings or money.

When the funds from the Estate have been received, the Executor may also be responsible for covering any funeral costs from the Estate (if there is no pre-paid funeral plan in place), clearing any outstanding debts such as mortgages or loans, and paying any inheritance or other taxes required.

Once these outgoings have been paid, the remaining Estate will be divided between the Will’s beneficiaries in line with the deceased’s wishes.

It can take any time from a few weeks to several months to complete this process, particularly if there are issues with contested Wills, estranged or uncontactable beneficiaries, or problems claiming life insurance policies.

Ensuring there is a clear, professionally-written Will in place and getting timely, reliable advice around probate can help avoid many of these hurdles.

Capital Life’s Probate service and Pre-Paid Probate Plans can take the confusion, stress, and financial burden out of this process at the time when your loved ones need it most. Contact them today to learn more about their free inheritance planning review service.

When a person dies having left a Will, they will often have chosen someone close to them such as a friend, relative, or professional to be the Will’s Executor. It is the Executor’s job to manage the financial affairs of the deceased. This may involve distributing things like savings, assets, or property in line with the directions set out in the Will.

In most cases, before the Executor starts allocating the deceased’s assets, they will need to acquire a court’s permission and confirmation that the Will of the deceased is legally sound and legitimate. This permission is commonly called ‘Probate of Will’ and is necessary for practically all instances.

Sometimes, a notification may be displayed on a public notice board. This notification gives anybody who may disagree with the will the opportunity of contesting it and beginning appropriate legal processes.

Obtaining Probate of Will is an important step if a Will is unclear, there are concerns about its contents, or there are disagreements in how any inheritance should be shared out. Probate confirms that the deceased’s Will is genuine, that the person making the Will was willing and of sound mind when they made it, and that the Will was suitably witnessed.

When the court has approved everything, and it can be certain that there are no objections to the Will’s contents, the Probate process can formally begin. This means the Estate of the deceased can be divided up between the people or organisations named in the Will.

Ensuring a Will is written correctly, legally sound, and executed properly can be a lengthy and at times complex undertaking.

Capital Life’s legal team is on hand to make Will-writing less stressful. Their service is affordable, friendly, and can help take the hassle out of the Probate process too. Contact them right away to learn more.

When someone dies and leaves a Will, they usually choose a friend, family member, or professional to be the executor of that Will. The Executor is in charge of handling the deceased’s affairs and sharing their assets, property, or money in accordance with the instructions set out in the Will.

Under most circumstances, before the executor can begin dividing the deceased’s assets, they must obtain court permission and confirmation that the deceased’s Will is legitimate and legally sound. This permission is known as ‘Probate of Will’ and is required in virtually all cases.

A notice may also be posted on a public notice board, giving anybody who opposes the will the option of disputing this and starting appropriate legal processes.

Obtaining probate of Will is especially important when a will is ambiguous, or there are objections or disputes about the contents of a will or how an inheritance should be distributed. Probate establishes that the deceased’s Will is authentic, that the person making the Will was able and willing to make it, and that it was properly witnessed.

Once everything has been approved by the courts and it is clear that there are no objections to the contents of the will, the Probate process can officially start, and the deceased’s estate can be divided up between anyone named in the will.

Ensuring that a Will is properly prepared, legally sound, and executed correctly can be a long and sometimes complicated task.

Capital Life’s legal team is available to ease the stress of inheritance planning and Will-writing. Contact them right away to learn more about their affordable and friendly service.

Probate is the process of getting legal authorisation to manage someone’s affairs and divide up their Estate after they pass away. Checking if Probate is needed and applying for this if necessary is usually the responsibility of the Executor – the person appointed to manage this process.

While Probate is needed in most cases, there are certain circumstances where Probate isn’t necessary.

If the deceased left only a small amount of money and did not own any property, they may be considered to have what is known as a ‘small Estate.’ Banks, building societies, and other organisations holding the deceased’s assets (savings, investments, etc.) may be happy to release these to the Executor without official permission – called a ‘grant of Probate.’ Still, different companies have different policies around this, so they must be handled one by one.

A bank or other company might insist on the Executor having a grant of Probate in place before releasing anything, even if the Estate is considered small. There is no choice but to go through the Probate process in this case.

Things like life insurance and pension schemes that pay out a lump sum on death don’t usually need Probate to be released to their beneficiaries.

The other main scenario where Probate isn’t needed is when all of the deceased’s assets are in joint names with someone else. For instance, if someone joint-owns a property with their spouse or partner when they die, it will automatically pass to the surviving partner.

If you’re not sure whether or not you need to apply for Probate, it is a good idea to speak to a professional to get advice. Proper inheritance planning and having Wills and a funeral plan in place will mean that your loved ones Will be taken care of if the worst does happen, and the process Will be as simple as possible for them.

Contact Capital Life today to see how we can help.

The size of the deceased person’s Estate is usually the deciding factor in whether or not Probate is required, but there is no simple answer to this question.

Probate is the legal authority to manage a person’s assets and affairs after their death. It is against the law to divide a person’s Estate without first obtaining the necessary Probate permissions, so if this is required, it is critical to apply for Probate as soon as possible.

The total amount of money in a person’s bank accounts, property, investments, or other possessions is referred to as their Estate. This includes anything they owned solely in their name or jointly with others.

If someone has a ‘small Estate’ when they die, Probate may not be required; but, if the deceased person has specific amounts of money in bank accounts or owns property, Probate will almost certainly be required. Probate may also be avoided if all of a person’s bank accounts and property are held in joint names with another person.

Due to the fact that different banks, building societies, and other organisations have their own policies about whether or not Probate is needed, this might be hard to manage for larger Estates or where the deceased has not put in place proper inheritance planning.

The Probate process becomes even more challenging when there are issues or conflicts about inheritance, needing solicitors or legal action to resolve.

Probate can be difficult to understand and manage, particularly when also dealing with the death of a loved one. Whatever the circumstances, it is always a good idea to seek expert guidance and support from professionals.

Capital Life’s team of specialist Probate solicitors can help you navigate the Probate process. Contact them right away to find out how they can assist you.

Our Estates are getting more complicated, especially with the use of online savings accounts, shares and digital currency. The process can take a long time, even with just one bank account. Generally, it will take around five to nine months from when the person passes away, until all assets can be distributed to beneficiaries. Probate is a difficult path to navigate and to ensure everything is done correctly and nothing missed out. Employing a professional company to take care of probate means that you know it will be done correctly and takes the burden off your loved ones.