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.


Cancer Research UK Free Will Service image

Cancer Research UK Free Will Service

Maples Solicitors are pleased and proud to announce that it is working in partnership with Cancer Research UK to offer their Free Will Service for the over 55’s.

The vast majority of people have been affected in some way by cancer and we wish to support Cancer Research UK in its life saving work by offering their Free Will Service.

Over a third of Cancer Research UK’s research is funded by gifts in Wills and we believe we can play a vital role in helping in the fight against cancer. Writing your will for free using the scheme could help beat cancer sooner.

Please contact a member of our Wills and Probate Department:-
Jamie Dobbs- jamie.dobbs@maplessolicitors.com
Jane Mawer- jane.mawer@maplessolicitors.com
Faye Blair- faye.blair@maplessolcitors.com

Or telephone the office 01775 722261 and ask to speak with one of the team

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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 ACILEx

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.