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‘Probate’ is the legal
term for the process of determining whether or
not a deceased person made a valid
will.
Probate may have to be
obtained before anything further can happen
with the will, particularly if it is a complex
will and there are many assets involved, such
as bank accounts or property held solely in the
name of the deceased.
It may not always be
necessary, especially if the assets or the
amounts of money are small; the relevant
institutions holding the assets may not require
you to prove probate.
When it is necessary,
the Executor named in the will must apply to
the Supreme Court for a Grant of Probate.
The Court will then enquire as to whether or
not there is a will and whether or not it is
valid. The Grant of Probate is like a key
which enables the Executor to open doors as
required, when administering the will.
This is why the
preparation of a will is so important. It
must be correctly constructed according to
numerous legal requirements and its provisions
tested to see if they are legally
correct. When the Grant of Probate is
made the Executor is free to proceed with the
administration of the estate.
If it is necessary to
obtain probate, there should be no delay. As
with other aspects of the process of making and
executing a will, engaging a solicitor would be
the most efficient way to go about
it.
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