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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Wills and Probate Team
Manzurul is a Member and heads our Wills and Probate team.
Martyn is our Chairman and the firms' Compliance Officer for Legal Practice