What is Probate?

What is Probate?

Probate is the general name given to the administration of your Estate after your death.

If you die without a Will your Estate will be dealt with under the rules of Intestacy. These rules are governed by the law and therefore there is no flexibility. There are only certain people who can be your administrators and the distribution of your Estate has to follow a strict list. Your administrators may need to apply to the Court for a Grant of Letters of Administration.

If you die with a Will your Estate will be administered by your Executors. It is a much easier process and what you have provided for in your Will is what the Executors have to do. There is a modicum of flexibility in the administration. Your Executors may need to apply to the Court for a Grant of Probate.

There is however a third option and this option can occur when there is a problem with the Will itself in that either no provision has been made for Executors predeceasing you and/or beneficiaries have predeceased you with no substitute’s name.

Should this third option arise your administrators (or possibly Executors) may have to apply to the Court for a Grant of Letters of Administration with Will annexed. The parts of the Will that are valid can be dealt with as per the Will but the invalid parts will be dealt with under the Intestacy rules.

We would recommend that Wills are reviewed every 3-5 years to ensure that this third option does not arise and that any changes in circumstances have been accounted for.

Assistance with the administration of an Estate is a service we offer. We can contact all the asset holders, complete the application to the Court (you would still be required to be the named Executor/Administrator and sign the documentation) and finally close all accounts and distribute the assets accordingly all on your behalf.


LPA and Court of Protection Talk image

LPA and Court of Protection Talk

We are delighted to be attending Glenholme Halmer Court to give a talk on Lasting Powers of Attorney and Court of Protection matters.  The talk will begin at 2.30pm on Friday 24th May. For more information, please contact the home direct on 01775 662222 or halmercourt@glenholme.org.uk

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Testimonials

Jamie Dobbs FCILEx

"I should like to take this opportunity to express my very sincere and grateful thanks for Jamie's unfailing helpfulness and efficiency in all aspects of the handling of my late stepmother's estate. Jamie have always replied to my (many!) queries promptly and comprehensively which has been a enormous help throughout what I know can be a fraught and stressful process. Sadly, it is increasingly rare these days to experience the highs standards of service that Jamie has provided."

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs GCILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.