A grant of probate (uk) is the authority given by the High Court of Justice through one of its divisions called the Probate Registry which entitles the person named in a will as the executor to have the authority to collect in all of the assets of a deceased person and to subsequently distribute those assets to people who are named as beneficiaries in the will either in the form of specific gifts of property or as liquidated assets in the form of cash benefits. The role of executors is important and carries with it what can amount to onerous personal responsibility and for that reason most of those appointed to carry out the requisite tasks who are not professional advisors appoint a lawyer or a bank to act on their behalf in dealing with the estate.
In order to obtain a grant of probate (uk) it is necessary for the person named as executor to initially establish the value of all assets and the amount of all liabilities including inheritance tax, if appropriate, and thereafter to lodge an application for probate, supported by a financial affidavit outlining the value of the estate with the original will as an exhibit. A copy of the documentation is lodged with the Capital Taxes Office which, upon being satisfied by its content, approves the issue of the grant of probate from the Registry. Upon issue of that document the role of the executors is to gather in the assets of the estate and pay all liabilities prior to distribution of the net estate in accordance with the provisions in the will, to the beneficiaries best GRANT OF PROBATE SOLICITORS UK .
There are certain circumstance where the grant of probate can be challenged in a court of law. In order to obtain a grant it must first be shown that the will is valid and a potential beneficiary can contest a will if it does not satisfy any of the following requirements :-
it must be made by a person who is not a minor that is over the age of 18 years
it must be made willingly without undue influence from any other person
the person making the will must be of sound mind and fully aware of the meaning of the document
it must be signed by the testator in the presence of two witnesses who must also sign the document
the witness should not also be a beneficiary or they will forfeit their own inheritance
If the original will is lost, the executor may attempt to prove a copy of the will by application to the High Court of Justice which may be challenged by beneficiaries of earlier wills who are not included in the subsequent will in an attempt to resurrect the earlier will.
Failure to make provision for a dependent who may be a partner, a minor or a mentally disabled person entitles that person to take action in the High Court of Justice for a share of the estate.
Our solicitors will give advice on the role of executors and will deal with disputed cases including cases where the validity of the document is in question or where there is a claim from someone not included as a rightful beneficiary. For free initial advice just complete the form or call the helpline and one of our solicitors will discuss your case with no charge and no further obligation.