When someone had a will…

If someone has a will and you are the nominated executor, then a grant of probate may be required.

Probate is a court process where the Court confirms the final will and formally appoints the executor as the legal personal representative of the Estate. Until probate is granted, you are not the executor.

It is important that you do not deal with any of the deceased’s assets or money until you have spoken to an experienced solicitor in this area.

Probate is not required in all cases. It is required if the person owned property in their own name or as a tenant in common with someone else. It is not required if their assets were held as joint tenants.

Some small estates may not require probate at all.

In order to obtain a grant of probate you need to be the person nominated as an executor or substitute executor. If none of those people are willing or able to apply, contact LS Legal and we will discuss what is required.