When someone has died you will need Probate to manage their assets. Using Wolf Law gives you assurance their wishes are met.
In England and Wales Probate is the legal and financial processes involved in dealing with the property, money and possessions (called the assets) of a person who has died. Before the next of kin or Executor named in the Will can claim, transfer, sell or distribute any of the deceased's assets they may have to apply for Probate.
When Probate has been granted through a Grant of Probate the Executor can begin dealing with the deceased person’s assets in accordance with their Will. If the deceased died without a Will the law will determine who should receive everything.
Contact Us if you are unsure if you need Probate. We provide a free consultation to help you decide which course of actio to take.
You may not need probate if the person who died had jointly owned land, property, shares or money, as these will automatically pass to the surviving owners, or they only had savings or premium bonds.
Thank you from the family at this distressing time.
Applying for the legal right to deal with someone’s estate after they die is called ‘applying for probate’.
The exact probate process can vary as every estate and every Will is different. Applications for Probate is undertaken at Probate Court. If the person left a Will a ‘Grant of Probate’ is obtained else a ‘Letters of Administration’ is provided. The general procedure for obtaining Probate is :-
This process can be quite lengthy. It is not uncommon for it to take 12 months to complete.
If you have been appointed as Executor and are unsure of your responsibilities, then we can help guide you.
Being named as Executor in a Will can bring with it complicated and time-consuming duties. It is important to get everything accurate as the Executor is legally responsible for administering the Estate in accordance with both the terms of the Will, and the law.
If you are feeling overwhelmed by being appointed Executor we may be able to take on the role of Executor for you.
There is no substitute for professional advice and help at an early stage. At Wolf we can assist you in obtaining a Grant of Probate (if there is a Will), or Letters of Administration (if there is no Will) and we will be transparent on our costs every step of the way, so you know exactly what our costs will be.
We can if you wish read the Will and explain the contents.
If the deceased has died without leaving a Will (intestate) we can explain what the law will say you are entitled to, or if there is no provision made for you and you believe there should have been, we can advise if you are entitled to make a claim against the estate.
Easy to understand. It seemed quite difficult at first but Wolf made it clear when Nan died.
Only married or civil partners and some other close relatives can inherit under the rules of intestacy. Also if someone makes a Will but it is not legally valid, the rules of intestacy decide how the estate will be shared out, not the wishes expressed in the will.
If there are no surviving relatives who can inherit under the rules of intestacy, the estate passes to the Crown. This is known as bona vacantia. The Treasury Solicitor is then responsible for dealing with the estate. The Crown can make grants from the estate but does not have to agree to them.
Unmarried partners (sometimes wrongly called 'common-law' partners), lesbian or gay partners not in a civil partnership, relations by marriage or close friends have no right to inherit where someone dies without leaving a Will.