Wills & Trusts Department - Probate

Probate

At a time when you have suffered a bereavement it is important that the administrative and legal matters are dealt with efficiently and sympathetically. We have decades of experience in this area.

Frequently asked questions

It is always sad when someone passes away but how can we help at such a time?

When you have been bereaved you want the world to stop. Unfortunately it doesn't. There is a legal side to everything and dealing with the assets left behind by a loved one is a task that has to be dealt with. Most people comfort themselves with the thought that they are putting into effect the last wishes of the person who has died.

Is it always the case that you have to consult a solicitor at such a time?

Not necessarily. Most solicitors will give you a free half-hour appointment where they can at least point you in the right direction. If it is a case where someone has died leaving a husband or wife then quite often most of the assets are in joint names. There may be joint bank accounts, joint building Society accounts and maybe the house will be in joint names. If everything is in joint names then you may not have to obtain a Grant of Probate.

What is a Grant of Probate?

This is the legal document that gives authority to the Executor of the Will to deal with the assets in the deceased's name. The Executor though does need the legal authority to do this. For example, your ability to take money out of the bank while you are alive depends on your signature. You have to sign a cheque or a withdrawal form and even if you use the hole in the wall to withdraw cash you would still have had to sign for your card. If you are no longer there who signs for you? The answer is the Executor you have named in your Will.

What if you haven't made a Will?

It then depends upon what relatives you leave behind as to who can deal with matters. Where there is no Will there is not an Executor but an Administrator. And also you do not obtain a Grant of Probate but a Grant of Letters of Administration. They are much the same thing and just give the authorisation for someone to deal with your money and other assets when you are no longer here.

So do you always have to obtain a Grant?

Not always. As mentioned if most assets are in joint names then quite often that is not the case. However, if there are fairly substantial assets in the sole name of the deceased then a Grant will be necessary.

How do you go about obtaining a Grant?

Well there are two ways. You can either instruct a solicitor to obtain one for you, or you can attend at a local Probate Registry. This is called making a personal application and the staff at the Probate Registry will provide you with the documents you need. There is a local Registry in Bath although most people I have spoken to recently have been referred to Bristol. Once you have got the Grant you can show sealed copies of it to the bank, building society etc and they will then accept your instructions on how to dispose of the assets.