Probate and Administering an Estate
Given that apart from taxes, death is the only certainty in each of our lives, it is surprising how little preparation most of us give it. But death comes to us all, and at Nalders Solicitors, we have the experience and legal expertise to ensure that when your time to leave us has come, your affairs are in order, and the process of tidying up the details of your life is stress-free for your grieving loved ones.
We have been helping Cornish people for over 225 years, which means we have dealt with many thousands of Wills, trusts, probate and other issues relating to death over this time. Not only do we have experience on our side, but our solicitors understand the sensitive nature of death and how vulnerable some clients are during this time. When instructing us following a relative’s death, you can expect empathetic, practical advice, providing you with a structure detailing the steps you need to take to ensure the deceased’s final wishes are honoured.
Administering an Estate
When someone dies it is usually necessary to apply for a Grant of Representation to enable their estate to be correctly administered
The procedure differs depending on whether an individual has died with or without a will.
Where There Is A Valid Will
When a Will is drafted, one or more executors will be named in the document. The executors are responsible for administering the Will and must apply for a ‘grant of probate’ from the Probate Registry division of the court.
Once a grant of probate has been issued to the executors, the executors will be obliged to administer the estate as per the Will’s instructions and they will have access to the deceased’s assets as needed.
Where There Is Not A Valid Will
If someone dies without a Will, it is known as dying intestate. Their estate will subsequently be divided up per the rules of intestacy. In these cases, specified relatives may apply to the court to grant them ‘letters of administration’ which will allow them to deal with the assets in the estate.
Situations Where A Grant Of Representation Is Not Required
There may be occasions, commonly estates with a very low value, when a Grant of Representation is not required. We will be happy to discuss this with you.
Our private client team can help you work through obtaining a Grant of Representation and the administering of an estate if you are an executor or if you believe that you may be entitled to administer an estate under the Intestacy Rules. We have been serving families in the West Country for generations ; our experience and compassion is highly regarded in the local area and beyond
To find out more about how we can advise you on matters relating to death, please fill in our contact form, or visit our Contact Page to find the Nalders office which is most convenient to you.
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