A Simple Guide To UK Probate Practice - By: Tim Bishop

Someone whom has been nominated to act as a personal representative for an estate must apply to the Probate Registry for a Grant of Representation.

The process of 'probate' involves the personal representative ( 'PR' ) administering the estate. This entails collecting any money owed to the deceased, settling any debts (including outstanding taxes) and dividing the estate amongst the respective beneficiaries. When he collects the assets the PR will use his grant of representative as proof that he has the Probate Service's authority to administer that deceased person's estate.

A breakdown of terminology:

Probate - the legal process of settling and distributing the estate of a deceased person.

Administrator - someone who is appointed by the court to distribute the estate of a person whom has deceased without leaving a valid Will.

Executor - a person who is named by the testator to follow the directions as laid out in the Will.

Personal Representative - the generic term for someone who is either an administrator or executor of an estate.

Intestate - a person is said to have died 'intestate' if they have not left a valid will.

What does the Probate Registry/Service do?

The Probate Registry deals with applications for grants of probate which are non-contentious. This in essence means that there is no contention over the validity of the will or a claim over the estate by a potential beneficiary.

The Probate Service does not give out advice to people regarding the construction of a Will or what it needs to contain. If you are thinking of making a will then you should seek professional legal advice.

Who can apply for probate?

Those who normally apply for probate are named executors in the deceased's will. Nevertheless, if the deceased has not left a valid Will, it may be the next of kin who lodges this application.

It is common for an executor to seek legal assistance in the application for probate, especially when inheritance tax is due on the estate.

The different 'grants' issued.

The Probate Registry issue one of the following types of grant:

Grant of probate - given to one of the executors (or more) who have been named by the testator.

Grant of letters of administration (with will annexed) - this is given to an administrator by the court when those named in the will are not available or not willing to perform their duties. This is also provided in cases where the deceased fails to nominate an executor.

Grant of letters of administration - this is given to an administrator by the court when there is no valid will.

It is likely that many businesses will not deal with an executor without first being shown a grant of probate from the Registry.

If you decide to appoint solicitors to help you with your probate issues, ensure that they are specialist in probate and inheritance tax - a complex an area of law. If you live in a rural area without access to legal specialists, consider using the online probate services provided by some specialist solicitors.

About the Author

Bonallack & Bishop are Solicitors specialising in UK Probate work. Contact them if you are interested in their online probate service. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in 13 years and has plans for further expansion.

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