During the difficult time after a loved one has died, it can be difficult to think about administrative duties. But it is vital to get prepared for this eventuality by knowing what to expect.
After an individual has passed away, a Legal Personal Representative need to be appointed to deal with the process of administering the estate.
The task usually falls to the next of kin. However, it could be taken on by another family member, or multiple people can share the role between them.
If there is a Will, then an executor(s) is usually named to carry out the task of dividing the estate.
However, if there is no Will, then the duty usually falls to the next of kin, who takes on the title of administrator in the process.
It is important to note that even if someone has been named in the Will, it is possible for them to not take on the role of executor (either through choice or if someone wishes to contest the Will).
In fact, in recent years the number of contested Wills has increased, with figures hitting a high of 192 in 2019 and 2020 (throughout England and Wales).
How do you apply for probate?
If you are required to apply for probate, you may wish to appoint a legal advisor to assist you.
Usually, it is necessary to apply for a Grant of Probate if the deceased’s estate was worth more than £5,000 and was owned solely by them.
A lot of people can find it hard to grasp the legal probate process. But our private client solicitors handle these cases regularly and efficiently, meaning they can deal with the legal side of the process with vast experience and judgment.
For help or advice with probate, Wills, or other private client matters, please contact us.