WILLS & PROBATE
If you still have questions take a look below for the answers
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Who makes a will?
Any person over the age of 18 can make a will.
How do you receive money from a will?
If you are named as a beneficiary in someone’s will, you can receive gifts of money or other property.
What happens if you have no heirs?
Your estate passes to the Crown; this is known as bona vacantia.
What do you do if you don’t follow someone’s will?
An executor/ trustee of a will is bound by the wishes of the testator. If they fail to distribute the estate in accordance with the will, this may amount to a breach of trust and, potentially, a court action to have them removed. It may also make them liable to the beneficiaries in negligence.
How do I contest a will and win in the UK?
It is necessary to issue a claim in the civil courts.
Do you need a grant of probate?
If you are named in someone’s will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate
How long does probate take?
Once the Grant of Probate has been issued, it’s the duty of the Executors to continue with the administration of the Estate. Our Probate Solicitors estimate that on average, the entire Probate and Estate administration process takes between nine and twelve months.
What is the purpose of a will?
The purpose of making a will is so that a person can guarantee who/ where their estate will pass to upon their death. For people with children, arrangements can be made in relation to guardianship.
Who can inherit without a will?
If a person dies without leaving a will, they die ‘intestate.’ In these circumstances, their estate will be distributed in accordance with rules set down by law.
What do I do if I don’t agree with a will?
If you fall within a certain class of person (e.g. a child/ spouse) then you may be able to make a claim if the will fails to make reasonable provision for the purposes of your maintenance.
If you believe that the testator lacked the required mental capacity for making the will, did not know or approve of the contents of the will, was defrauded or placed under undue influence, you may be able to make a claim against the estate.
Is it worth contesting a will?
This depends on the circumstances of the individual case and the value of the estate. It may not be worth contesting a will where the value of the estate in question is minimal.
What is a grant of probate?
A grant of probate is issued by the Probate Registry and confirms an executor’s right to deal with the deceased’s estate.
How do I apply for a grant of probate?
An application to the probate registry, together with supporting documents.
