EXECUTORS DUTIES - GRANT OF PROBATE
When a person makes a will they usually have someone in mind that they want to deal with their estate and assets after they are gone. That person is usually a close relative or a friend and is often a beneficiary however the testator may chose to appoint a bank or solicitor to the role or jointly appoint several people or organisations. The person or organisation that is appointed to apply for a grant of probate is called an executor under the terms of the will and must carry out the deceased wishes in accordance with the will. The executors duties are set down both in the will and in law and include gathering in all of the assets and distributing them in the way outlined in the will in order to fulfil the final wishes of the deceased.
The executor does not derive power to deal with these matters directly from the will but must apply to the court for a grant of probate. An application form is submitted together with an affidavit and a copy of the original will and an account showing the value of the estate for inheritance tax purposes. A potential executor will be asked to attend for interview at the probate registry at which time the affidavit is sworn and the court clerk will briefly explain what is meant by an executors duties.
Matters relating to a grant of probate can be complex and it may be that a lay executor having considered what is expected will usurp the executors duties by appointing a solicitor to deal with matters on his behalf. This has a double advantage of ensuring that the law is upheld and that the onerous task of dealing with often voluminous paperwork is passed over to the lawyer. The lawyer is entitled to charge the estate for his legal fees which therefore do not come directly from the pocket of the executor but are effectively shared by all of the beneficiaries.
If there is no will there can be no grant of probate however the court will issue letters of administration to a relative. That person will collect in and distribute the assets in accordance with the law which lists those relatives in priority who may inherit when there is no will. That person is termed as an ‘administrator’ of the estate and the duties are broadly similar to those of an executor of an estate. If there are no relatives who satisfy the requirements of the statute then the assets are forfeited and are claimed by the state.
Our solicitors are specialists in matters appertaining to wills and probate. We will give you initial free advice relating to any queries that you may have and will give a written quotation in order to carry out any legal work relating to a probate case. We also deal with letters of administration and are well versed in legal actions for contested probate in order to dispute the validity or content of any will.
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