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Things to Consider Before Writing Your Will

Things to Consider Before Writing Your Will

17/10/2019

If you’re considering writing a Will, there are a number things to consider before you start.

Frequently Asked Questions

1 Are Get Probate Solicitors?

No. We are probate practitioners authorised by the Institute of Chartered Accountants in England and Wales (ICAEW) to offer probate services for uncontentious Wills. In 2014, the ICAEW became an approved regulator and licensing authority for probate services – which means that you no longer have to use a solicitor or bank. (If a Will is contentious it needs to be handled by a solicitor and we can recommend you a good one.)

2 How are Get Probate authorised?

Get Probate Limited are authorised by the Institute of Chartered Accountants in England and Wales (ICAEW) to offer probate services for uncontentious Wills. In 2014, the ICAEW became an approved regulator and licensing authority for probate services – which means that you no longer have to use a solicitor or bank. (If a Will is contentious it needs to be handled by a solicitor and we can recommend you a good one.)

3 Will I still need a solicitor?

No, unless the Will is contentious – in which case it needs to be handled by a solicitor. We can recommend you a good one.

4 Is Get Probate's probate service expensive?

No. We offer a professional probate service with very affordable fees – especially compared to many solicitors and banks who often have higher basic fees and charge a percentage of the estate.

5 Can you help to dispute / contest a will?

If you want to dispute / contest a Will it needs to be handled by a solicitor. We can recommend you a good one.

6 I'm doing probate myself, can you provide advice?

Yes. We offer free initial advice about probate. If you then decided that you would like further help, you can appoint us to help you.

7 I'm not based in Manchester, can you still help?

Yes. There is no need for face-to-face meetings as everything can be done via phone, email and our client portal.

8 Will you need to be named as an executor on the will?

No. Get Probate Limited will be your representative. You will remain as the executor.

1 Q. How do I obtain a copy of the deceased's Will?

Look in the deceased’s paperwork or secure location (e.g. safe or fire-proof box). If you can’t find it there, you should contact their Accountant, solicitor or financial advisor who may have it. You can also contact the local probate court as they could have a copy of the Will.

2 Q. There is no Will, what do I need to do?

If there is no Will, the deceased’s next of kin (e.g. their spouse, child or sibling) should apply to become the ‘administrator’ of the estate – with a “Grant of Administration”. They will then be able to deal with the deceased’s estate (i.e. their money, property and possessions).

3 Q. I’m named as executor on the Will, what does this mean?

When someone dies their estate (i.e. their money, property and possessions) needs to be dealt with by the executor named in their Will. Where applicable, the executor will need to obtain the necessary legal permission to do this – which is known as a ‘Grant of Representation’ or ‘Probate’.

4 Q. There has been no executor named in the Will, what should I do?

If no executor is named in the Will, the deceased’s next of kin (e.g. their spouse, child or sibling) should apply to become the ‘administrator’ of the estate. They will then be able to deal with the deceased’s estate (i.e. their money, property and possessions).

5 Q. A solicitor has been named as executor, do I have to use them?

No. You can do it yourself or you can use an Accountant (as long as they have been authorised by the Institute of Chartered Accountants in England and Wales to carry out the reserved legal activity of non-contentious probate) – like Get Probate.

6 Q. How do I contest a Will?

If you want to contest a Will, it will need to be handled by a solicitor. We can recommend you a good one.

7 Q. I have the Will, now what?

You should follow the instructions detailed in the Will, which will include the names of the executors and beneficiaries.

1 Q. What is a Grant of Probate?

When someone dies their estate (i.e. their money, property and possessions) needs to be dealt with by the executor named in their Will. The executor needs to obtain the necessary Legal permission to do this – which is known as a ‘Grant of Representation’ or ‘Probate’.

2 Q. Do I need Grant of Probate?

You are unlikely to need probate if the value of the estate is below £5,000 and does not include a property or shares. Otherwise, yes you will need to obtain a Grant of Probate.

3 Q. Do I need a solicitor to obtain a Grant of Probate?

No. You can do it yourself or you can use an Accountant (as long as they have been authorised by the Institute of Chartered Accountants in England and Wales to carry out the reserved legal activity of non-contentious probate) – like Get Probate. (If a Will is contentious it will need to be handled by a solicitor and we can recommend a good one for you.)

4 Q. Is a Grant of Probate a legal requirement?

Yes, although you are unlikely to need probate if the value of the estate is below £5,000 and does not include a property or shares.

5 Q. How long does a Grant of Probate usually take?

After the oath has been sworn, it normally takes 10 working days to receive the Grant of Probate.

6 Q. Can I get the Grant of Probate myself?

Yes, you can get the Grant of Probate yourself. Or you can appoint someone who is licensed to provide probate services.

7 Q. I HAVE THE GRANT OF PROBATE, NOW WHAT?

Having obtained the Grant of Probate, as executor it is now your responsibility to deal with the rest of the probate process – which includes collecting all the assets of the estate, paying any debts that need to be paid and distributing the estate to the beneficiaries of the Will in accordance with the Will.

1 Q. What is Probate?

When someone dies their estate (i.e. their money, property and possessions) needs to be dealt with by the executor named in their Will. The executor needs to obtain the necessary Legal permission to do this – which is known as a ‘Grant of Representation’ or ‘Probate’.

2 Q. Is probate always necessary?

You are unlikely to need probate if the value of the estate is below £5,000 and does not include a property or shares. Otherwise, yes you will need to obtain a Grant of Probate.

3 Q. How long does probate usually take?

If the estate is straight forward (i.e. there are no complication, all the forms were completed correctly and no Inheritance Tax is payable) it could take about 5 weeks. For complex cases, it will take longer.

4 Q. DO I NEED A SOLICITOR?

No. You can do it yourself or you can use an Accountant (as long as they have been authorised by the Institute of Chartered Accountants in England and Wales to carry out the reserved legal activity of non-contentious probate) – like Get Probate. (If a Will is contentious it will need to be handled by a solicitor and we can recommend a good one for you.)

5 Q. What is the difference between Will and probate?

A Will is a legal document that sets out a person’s wishes regarding how their estate (i.e. their money, property and possessions) should be dealt with after their death. The Will should name executors who will manage the estate until it has all been distributed.

Probate (also known as ‘Grant of Representation’) is the legal permission that is required for the executor to be able to do this.

6 Q. CAN I do PROBATE MYSELF?

Yes, you can get the Grant of Probate yourself. Or you can appoint someone who is licensed to provide probate services.

7 Q. How do I begin the probate process?

The first step is to obtain the Grant of Probate.

Do you have a question?

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