Wills and Probate
When someone dies, it is important to notify the deceased’s doctor immediately and to register the death at the local Registry Office. The funeral has to be arranged and over the following few weeks there is a significant amount of paperwork and official documents to be completed, all of which have to be dealt with by the family, or the executors, if there is a will.
If there is a will, the executors need to start the process of dealing with the estate according to the will, with an application to the Court for a Grant of Probate, as the first step.
If there is no will, the deceased is said to have died Intestate, and a close relative will have to apply to the Court for a Grant of Letters of Administration to give him or her authority to deal with the estate. The law sets out who has the right to make the application and who will inherit.
Complexities can arise in connection with the administration of an estate which the family, and the executors, may not be able to handle easily on their own. This is a distressing and traumatic time and understandably they may not feel they want to deal with all these matters. Executors who are family members can feel themselves under considerable pressure from the rest of the family while they are administering the estate unless they have professional assistance.
YourWill can help obtain the Grant of Probate or the Grant of Letters of Administration and provide independent advise to help the family and beneficiaries with the various alternatives available to them (for example by using a Deed of Variation) to maximise the value of the estate and to avoid the risks of dilution. Most of these procedures have time limits, outside which either they cannot be used or incur penalties, so you should contact YourWill at the earliest opportunity.
