When a person passes away and has left a Will, they will usually appoint a friend, family member, or professional to be the Executor of that Will. The Executor is responsible for taking care of the deceased’s affairs and dividing up their possessions, property, or money according to their wishes.
In most cases, before the Executor can begin to divide up the deceased assets, they must get approval from the court that the deceased’s Will is valid and legally sound. This approval is known as ‘Probate of Will’ and must be in place in almost all circumstances.
Getting Probate of Will confirms that the deceased’s Will is genuine, that the person writing the Will was able and willing to prepare it, and that it has been appropriately witnessed. A notice may also be filed on a public notice board, allowing an opportunity for anyone who objects to the Will to challenge this and begin legal proceedings.
Once this has been approved by the courts and assuming there are no objections, the Probate process can begin properly, and the deceased’s Estate can be divided up.
Probate of Will is especially important in cases where a Will may be unclear or where there are objections or disagreements about the contents of a Will or how an Estate should be divided up.
Making sure that a Will is correctly written, legally sound, and properly executed can be a complicated, confusing process. Capital Life’s team of legal experts is available to take the stress out of inheritance planning and Will-writing. Contact them today to see how they can help.