What Is Probate - Solicitors Advice on Disputing & Challenging Wills Without Legal Jargon
Testamentary lawyers are often asked the question “What is probate” by those who consider that they have an interest in the estate of a deceased person. In its simplest terms it’s a document issued and stamped by a court of law commonly called a ‘grant of probate’ that gives someone (or several people) the right to deal with the assets of a deceased person in accordance with United Kingdom law. If you are involved in dealing with the assets of a deceased person and you need to ask the question ‘What is probate’ then in all likelihood you are not familiar with testamentary law and you will need a wills and probate solicitor to deal with the technical aspects of either obtaining a grant of probate if there is a will or in cases where there isn’t a will, a similar authority called ‘letters of administration’ will be necessary to deal with the estate. Our specialist testamentary solicitors deal with applications for probate and for letters of administration in addition to contesting wills and objecting to a probate application in certain circumstances.
Correct Beneficiaries
To be valid, a will must conform to the law, failing which it will not lead to the issue of a grant of probate and a previous will may take precedence or if there is no previous will then the intestacy rules may come into play. Either of these possibilities can have a major effect on the ultimate destination of the estate. As an example if the deceased sought to cut out his immediate relatives from the will, leaving assets only to an unrelated third party and the will fails as being invalid for technical reasons then the assets will be distributed under the intestacy rules, assuming there is no previous will that thereafter takes precedence, to precisely those people that the deceased did not wish to benefit.
Valid Will Requirements
A valid will must conform with the following legal requirements :-
- the person making the will (testator) must be over 18 years of age
- the testator must have full mental capacity
- the will must be made without undue influence
- the testator must sign the document of their own free will
- the signature on the document must be witnessed by two adults who should not be beneficiaries
Specialist Probate Solicitors
If you are involved in the administration of a will under a grant of probate or letters of administration as an executor or administrator and you need to ask the question ‘What is probate?’ then you most certainly need to consult a probate solicitor to act on your behalf in dealing with the assets of the estate. Both executors and administrators remain personally liable to beneficiaries regarding the administration of an estate and you should ensure that you are covered by taking qualified (and insured) legal advice from a solicitor. If you are a beneficiary and you believe that the proposed executor or administrator is unsuitable or that the estate is being managed negligently or fraudulently or that dependents are not being properly provided for, you should take urgent legal advice without delay. Our probate solicitors are specialists and offer free advice without any financial obligation whatsoever. In suitable cases they will offer the no win no fee scheme to pursue a claim and will , if necessary, not hesitate to take the matter to a court of law for a decision by a judge.