If a deceased person has left a Will, the named executor will need to apply to the Probate Office for a 'grant of probate', a legal document which gives the executor the right to access the funds or assets of the deceased and carry out the wishes in the Will.

 

If the deceased person has not left a Will an application may be made by a family member entitled to benefit from the estate for a 'grant of letters of administration'. As above, this legal document gives the administrator authority to access funds or assets which are then distributed according to the Statutory Rules of Intestacy.

 

Note that in both cases if Inheritance Tax is due on the estate some or all of this must be paid before a grant will be issued.

 

When someone dies without leaving a will, dealing with their estate can be complicated. It can also take a long time - months or even years in some very complex cases and it is advisable to get advice from a solicitor right away.

 

Our team of solicitors work with probate issues every day and are sensitive to the needs of the client. Having a wide range of experience we are able to assist with any situation a client may find themselves faced with, including contentious probate matters.