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Probate

3 replies

Numberlock · 21/09/2013 23:09

My mum passed away.

I'm the sole executor and beneficiary of the will. I already have Power of Attorney if that makes any difference.

So what happens with the will? Do I have to register somewhere?

OP posts:
jacksgrannie · 22/09/2013 05:07

Hi. As there is a will, you will need to get a grant of probate to deal with the estate. Banks etc will not let you have access to any accounts until you have this. You do not need to instruct a solicitor. The forms are fairly easy to deal with. The Power of Attorney is no longer relevant as this lapses on death.

I have dealt with both my parents' estates as executrix and obtaining the grant of probate was quite straightforward.

Find your local District Probate Registry on the Ministry of Justice website. www.gov.uk/wills-probate-inheritance/applying-for-a-grant-of-representation. Sorry - can't do links!

You will then need to obtain and complete a probate application form, inheritance tax form, send your application in and go in personally to swear an oath. You will then get the grant of probate to enable you to administer the estate. The MOJ website gives details and you can get the probate application form etc from there. There is a helpline if you need help in filling in the forms.

HTH.

jacksgrannie · 22/09/2013 05:16

Sorry - should have mentioned that you may not need to get a grant of probate if the estate is a small one (usually £10,000 or less). Each financial institution etc will have its own rules about this and if they allow the executor access to the money without probate they will probably require an indemnity to protect themselves in the event they have paid out to the wrong person. Again, there is info on the MOJ website about this if you google. Obv, if there is a house/flat to be sold you will need probate.

Numberlock · 22/09/2013 08:14

Many thanks for that.

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