When a person dies there will be a number of things that need to be done on their behalf.  This will include registering the death, informing the authorities, arranging disposal of their body, closing bank accounts, selling property, paying debts and taxes. 

If the deceased made a will they have nominated a person or people to do these things for them.   These people are called their executors.  If they did not make a will then a person can ask to be appointed, this person is called a personal representative (see Intestacy). 

The Grant of Probate is a document issued by the Probate Registry which confirms who is appointed to administer an estate.  The Probate Registry will only issue the Grant of Probate if they are satisfied that the will meets certain legal requirements, that the person applying for the Grant of Probate is entitled to receive the Grant of Probate.  In order to apply for the Grant of Probate the amount of inheritance tax payable on an estate must be calculated and paid. 

An application for probate can be made personally by the executor(s), or they can ask a professional such as a solicitor to apply for the grant of probate on their behalf. 

To apply for the grant of probate the executor will need to take initial steps to administer the estate (see Estate Administration), so that they can calculate the estate assets and liabilities and calculate how much inheritance tax is payable. 

When a person dies, it is a very difficult time for family members and close friends who, on top of their bereavement, suddenly find themselves having to deal with the administration of their loved one’s estate and the raft of paperwork that has to be completed.

We specialise in dealing with the administration of deceased persons’ estates of all sizes and complexity on behalf of the Executors, where there is a Will, or Administrators, where the deceased did not have a Will.

For more information contact rb@startpointlaw.co.uk or telephone 01548 288008