What is a Probate?

Understand all about what Probate is

During a person’s lifetime, a third party cannot access their data or finances without express consent. The same basic principle applies after death.  However, someone needs to take responsibility for the deceased’s affairs, to include paying any debts and distributing the wealth to those who are intended to inherit.

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Where a person has left a Will, those named as executors are the ones who have authority to deal with the deceased’s affairs.  Where the deceased does not leave a Will, the law sets out rules for determining which persons can act on their behalf after their death – they are known as Administrators.

In practice, many institutions will not simply accept an Executor or Administrator’s word that they are the ones authorised to deal with the estate, especially if those institutions are being asked to release large sums of money or transfer valuable assets, such as a house.  Instead, they will insist on formal recognition of that authority which can be obtained by making an application to the Probate registry (a division of the Court)

This is called a Grant of Representation but is more commonly referred to as ‘Probate’.

The Executor or Administrator can then produce the Grant when dealing with the estate and collecting in assets and money.

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Meet OUR people

Wills and Probate Team

Member

Manzurul Islam

Manzurul is a ​Member and heads our Wills and Probate team.

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Chairman

Martyn Trenerry

Martyn ​is our Chairman and the firms' Compliance Officer for Legal Practice

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Associate

Trudi Bates

Trudi is an Associate at Mullis & Peake, with extensive experience in the Wills and Probate field.

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