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.