2 minute read
Is there a Will?
Is there a Will?
Article from Marie Tisdale, Probate Specialist Solicitor
While some people leave a Will, which leaves legal instructions on how their estate (all their worldly goods) are to be distributed, equally many do not for a variety of reasons, or perhaps the requests in the Will are no longer valid.
On the death of a loved one you do, unfortunately, have to put their financial affairs in order. The first step would be to try and locate a Will. If you are unaware of the existence of a Will then a search through their personal papers may indicate whether or not one is in existence. You may also want to speak to any local solicitors to check if they hold one. There is a national database called ‘Certainty’ which registers Wills, so a chat with them may be fruitful.
If there is a Will then it should appoint executors. These are the people who are legally entitled to deal with the estate and carry out the wishes included within the Will. Probate is only required if the estate is over a certain value. When you notify banks and building societies that the person has died, they will inform you if they will require probate before releasing funds to you. The probate grant application involves applying to the court and completing various tax forms.
The executors can apply online themselves via www.gov.uk/applyingfor-probate, which will help you to work out if you need to apply for probate and when to apply for the Grant of Probate or Letters of Administration. Or they can instruct a solicitor. The legal costs involved will come out of the estate and the solicitors will give you a clear indication of the likely cost at the outset. Help and advice can also be found at Bereavement Support Network on 0808 168 9607 to clarify if you need to apply for probate. The Bereavement Support Line is provided by a company called Bereavement Support Network Ltd, who are experts in probate and estate administration when probate is not a requirement.
If a Will cannot be found then the intestacy rules dictate to whom the estate passes. Legal advice may be necessary as, although it may not be hugely detrimental, matters can be more complicated if the estate is distributed via the intestacy rules. More information about this can be found at Bereavement Support Network or through informative websites such as ‘Which’ and the UK Government website.
www.which.co.uk/money/wills-and-probate/probate/intestacyrules-ay87y1u73pkk www.gov.uk/inherits-someone-dies-without-will
National Bereavement Service www.thenbs.org/probate-legal-services or telephone 0800 024 6121
This service has a list of reputable solicitors who can act on your behalf regarding probate if you wish to contact them.
• Bereavement Support Network
www.bereavementsupport.co.uk or call 0808 168 9607
The Bereavement Support Network can help with the dispersal of an estate when probate is not a requirement. They can also help you decide if you need to apply for probate and more.
They provide a service www.stopmail.co.uk which can be useful in ending mail being delivered for the person who has died.
• Money Saving Expert
This very practical and well laid out step-by-step guide may help you through the paperwork and legal necessities for families, executors and appointees.
There is a similar guide on The Money Advice Service website.
