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We are frequently asked by someone appointed as an executor of an estate is, “do I need a grant of probate?”    A grant of probate is a government-issued document allowing executor(s) appointed in a will to deal with the administration of the estate and collect estate assets.  Where there is no will, letters of administration can be issued to relatives entitled to inherit under the intestacy rules.  Both of these types of documents come under the heading of “grants of representation” but throughout this article we will use the term “grant ...

Taking professional advice is important when writing an important document such as a Will.  Please note: this list is not exhaustive!   The Will may not cover funeral wishes.  Funeral wishes are not an absolutely essential clause and not having funeral wishes will not invalidate a Will per se but it is a sensible idea to include funeral wishes in a Will so as to make clear your intentions as to how your body is to be disposed of after your death together with details of any funeral service you would like. Not selecting any backup executors.  Choosing an executor, ...

If it is anything like in our house, the school holidays sneak up on us- as grandparents- when we are not looking and suddenly days we thought were child free become a whirlwind of activity with grandchildren and dogs! School holidays are a time when there can be disagreement between separated parents, it is hard not to be with your children on those special holidays or birthdays, parents can feel left out and worry that the child is missing out on that special time with them. So how do we deal with those problems? Just as you would normally plan a holiday to go away, months in advance, t...

You may have already read my blogs about the potential increase in probate fees, akin to another type of tax.  Since the outcome of the General Election in June, resulting in a hung parliament with a Conservative minority and the potential for a coalition to form, it may not be too long before the Government deals with the issue of probate fees again.  If the correct processes are first followed then the green light may be given for probate fees to increase, and, depending on the size of a deceased’s person’s estate, the increases in probate fees to obtain a grant of p...