When someone passes away, one of the first things to establish is whether that person left a Will. If they did leave a Will, then it will appoint an Executor who will deal with the Administration of the Estate. This can include organising the funeral and will include collecting in the assets of the Deceased, paying inheritance tax and any other debts and distributing the Estate according to the terms of the Will.
Depending on the nature of the Deceased’s assets, a Grant of Probate may be needed, which provides the Executor with the legal authority to deal with and distribute the Estate.
If the Deceased did not leave a Will, then a close relative will need to apply to the Probate Registry to become the Administrator and deal with the Estate. Again, depending on the nature of the Deceased’s assets, a Grant of Letters of Administration may be needed, which provides the Administrator with the legal authority to deal with and distribute the Estate.
Should a person die without leaving a Will, then their Estate must be distributed according to the laws of Intestacy.
The Executor/Administrator will need to apply for the Grant of Probate/Grant of Letters of Administration and the forms that are required will depend on where the Deceased lived and the value of the Deceased’s Estate. There is a fee to pay to the Probate Registry for the Grant and if there is Inheritance Tax to pay, the Grant cannot be obtained until some or all of the Inheritance Tax has been paid.
Deputys and Attorneys
In some cases, the Deceased may not have been dealing with their own affairs immediately prior to their death. Sometimes a Deputy is appointed by the Court to deal with matters on behalf of the person lacking capacity. In other cases, the Deceased, during their lifetime may have chosen one or more Attorney(s) to act on their behalf. Deputys and Attorneys are duty bound to act in a trustworthy and honest manner in the best interests of the person they represent. If you feel that the Deputy or Attorney acted in a way that resulted in the Deceased’s estate suffering a loss, it may be that the Deputy or Attorney may be liable for the breach of their duty.
General Wills, probate or trust enquiry
Do you have a query about any other aspect of Wills or probate?
- Perhaps you need general advice about how to administer an estate, or how to apply for a grant of probate or letters of administration?
- Are you a beneficiary from an estate who is waiting for a gift to be distributed?
- Are you administering an estate and want to remove a professional executor?
- Do you want to make a will or advice about tax mitigation or protecting your assets?
- Do you feel you have ground to possibly contest a will?
If you can answer YES to any of the questions above, we can help!
Contact us today.