1. Business

Why is a Grant of Probate Necessary?

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Giving the executor legal standing is essential in order to provide assurance and protection to those who are keeping cash for the deceased or who want to purchase property from the Executor. If you spent on a house only to find out that the executor named in the will had really created a more recent will, in which case you were no longer entitled to the property, you wouldn't be happy. A bank holding £50,000 might not be pleased if it emerged out the person it had given the deceased's money to wasn't actually entitled.

How does one go about getting a Grant of Probate?

The process of obtaining the Grant of Probate should be quite straightforward because it is essentially just a collection of commitments made by the Executor and the cost of grant of probate is also reasonable. Executors must read a statement per the Non-Contentious Probate Rules of 2018, which became effective from the month of November 27. Unfortunately, making a Probate application also requires filing an Inheritance Tax return with explaining the financial circumstances of the dead as of the date of death. To ensure that you are correctly filling out all the forms and providing all the needed relevant information, it is advised to obtain good and safe expert advice. In order to ensure that all essential procedures have been taken out there and that there will not be any unpleasant surprises down the line.

If this method needs to be followed, wouldn't it be simpler simply not to have a will?

If you don't have a formal will, you will still need to pursue a similar and frequently more challenging procedure.  If you want your assets to be distributed in accordance with your intentions rather than the government's intestacy regulations, you must have a legal will in place.


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