Inheritance
When a person dies, there has to be someone who can deal with their estate (assets they own upon their death). This person is known as the deceased’s ‘Personal Representative(s)’.
The role of the ‘Personal Representative(s)’ is to:
- Collect all the deceased’s assets;
- Pay any liabilities; and
- Distribute the estate according to the deceased’s Will or the Intestacy Rules.
‘Personal Representative’s’ will either be the deceased’s ‘Executor(s)’ or ‘Administrator(s)’.
If there is a valid Will it is the ‘Executor(s)’ who will be the deceased’s ‘Personal Representative(s)’.
If the deceased did not leave a Will the person intending to act as the ‘Personal Representative(s)’ is referred to as the ‘Administrator(s)’. Entitlement to act is set out in the Non-Contentious Probate Rules 1987.
The ‘Personal Representative(s)’ has legal authority to deal with the deceased’s estate when they obtain a ‘Grant of Representation/Probate’ from the Court.
How Can I Obtain The Grant of Probate/Representation?
The first thing you must do is ascertain if the deceased made a Will.
If the deceased did leave a Will the original must be examined to determine if it is valid.
When determining if the Will is valid the following should be considered:
- The Will has not been revoked;
- The Will is the last Will of the testator/testatrix
- The Will has been executed correctly; and
- The Will contains an attestation clause.
If the Will is valid the person named in the Will as the ‘Executor(s)’ must make an application to the Principal Registry of the Family Division or to the District Probate Registry by lodging the following:
- The Original Will ‘Marked by the ‘Executor(s)’;
- Completed HMRC form confirming payment of Inheritance Tax;
- Oath sworn or affirmed by the ‘Executor(s)’; and
- Probate Court fee.
Only the ‘Executor(s)’ appointed in a Will are entitled to see the Will before Probate is granted.
If the deceased did not leave a Will it will be necessary to ascertain which members of the family have survived so that the distribution of the estate may be established in accordance with the Intestacy rules. The closest relatives of the deceased — who will inherit under the rules of intestacy can apply to take on the role of ‘Personal Representative(s)’ who are known as the ‘Administrator(s)’.
To obtain the grant of representation the ‘Administrator(s)’ should make an application to the Principal Registry of the Family Division or to the District Probate Registry by lodging the following:
- Completed HMRC form confirming payment of Inheritance Tax;
- Oath sworn or affirmed by the ‘Administrator(s)’; and
- Probate Court fee.
Do I Need A Solicitor
Many people choose to instruct a solicitor to apply for probate on their behalf as the process can seem daunting and can be very time consuming. There is, however, nothing from stopping you from applying yourself. If the deceased’s estate is of high value or is complicated in any way it may, however, be sensible for you to appoint a solicitor to act for you.
Solicitors in South East London
Every Executor or Administrator can instruct a Solicitor of their choice to help with Administration of the deceased’s estate and the legal fees are settled by the deceased’s estate. If you are looking for a solicitor that can assist you with this process contact us on 020 8318 4345 or email your enquiry to enquires@as-solicitors.com
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