Legal Advice re: Will & Grant of Probate

[pilates]

Can anyone help clarify some details for me, they are:-

1. Can you obtain a copy of someone's Will and, if so, how long would you need to leave from date of death to applying for a copy.

1. If you are able to obtain a copy of a Will, is there any way it could be traced back to you?

1. Do you only need Grant of Probate if the Estate is worth over £5,000

1. If the Estate is under £5,000, do you have to have a Solicitor to adminster the Estate or can it be dealt with by a member of the family who states they are an Executor?

1. If the Estate is dealt with by a family member who is also the Executor how can you be sure they are adhering to the terms of the Will?

Thanks in anticipation.

1. You can get a copy of the will by searching the Probate Registry at the relevant District Probate Office. There is no fixed period after death - it depends on when the Grant of Probate is obtained which is up to the executors. If your initial search doesn't reveal anything you can set up a standing search which will notify you if a grant is issued within 6 months of the start of the search. You can extend the search for 6 month periods until you get what you are after. It costs £5 for a search. Setting up a standing search costs £5. Renewing the standing search at the end of 6 months also costs $5.

1. No, the fact that you have searched for the grant is not available publicly.

1. A Grant of Probate is almost always needed if the estate is worth over £5,000 or if the estate includes stocks and shares, property or land held in the deceased's own name or as tenants in common, or certain insurance policies. It may be needed in other cases if, for example, the deceased's bank refuses to release funds from their account without seeing the Grant of Probate.

1. You do not have to have a solicitor to administer any estate, regardless of size. However, it is not up to a member of the family to say they are an executor. Executors are appointed in the will. It is not possible for someone to get a Grant of Probate unless they are named in the will.

1. If the estate has any real value they will have to apply for a Grant of Probate. Once they have done that you will be able to get a copy of the will and take action against them if they haven't adhered to the terms of the will.

A couple of clarifications to my posting last night:

• If there is no need for a Grant of Probate you won't be able to get a copy of the will from the Probate Registry.

• Renewing the search costs £5, not $5!

Thanks prh for sharing your knowledge.

Is there a timescale from dod in which you have to apply for a Grant of Probate?

I am not aware of any time limit for applying for a Grant of Probate. The executors have to pay at least part of the inheritance tax due on the estate to get a Grant of Probate so there may be quite a bit of work to do in order to get that far, especially if things are not straightforward.