‘Probate’ is a term used when talking about applying for the right to deal with a deceased person’s affairs. It’s sometimes called ‘administering the estate’.
If the person who has died leaves a Will
Normally executors named in the Will deal with the person’s affairs after their death.
An executor applies for a ‘grant of probate’ from the probate registry. The ‘grant’ is a [...]
Many British people spend lengthy periods living and working abroad. They form ‘expat’ communities in many parts of the world. One increasingly popular destination is Dubai in the United Arab Emirates (UAE).
So if you are living in Dubai, for example, do you know what happens there if you die intestate? Are you confident that [...]
Those prudent folk who have made a Will may think that the matter is ‘done and dusted’ for them. Job done!
However, many Wills are declared invalid by the Probate Registry due to defects in the attestation (signing procedure) or because of damage/alerations to the Will.
Many Wills are invalidated because they were made before someone got [...]
What is sometime called Second Marriage Syndrome is an inelegant term for a situation where a parent remarries and goes on to own all or most property jointly. This can have serious consequences for the children.
If that parent dies before the new spouse does, with or without a will, jointly owned property stays with the [...]
It seems that in the United Kingdom the biggest reason for wills failing, i.e. being rejected for Probate, is down to defective attestation.
For a will to be properly attested (signed) there has to be two witnesses present who witness the attestation by the person making the will. In other words these two witnesses must actually [...]
I have been invited to be a studio guest on the Richard Bacon show on BBC Radio 5 live tonight. The discussion is headlined as:
Have you ever argued over an inheritance?
“The number of disputes over wills and inheritance has risen dramatically in the last few years.
Last year 228 such disagreements were resolved by [...]
If you sign up your bank as an Executor of your will you may be well pleased by some of the cheap or free services they offer as a result. You might get a free Will (if it is a simple one!) and free storage, so what’s stopping you? You may save a few hundred [...]
New Intestacy Distribution Rules are now in force.
The new statutory limits for Intestacy are:
As of 1 February 2009 there are a new set of figures for distribution of a deceased person’s estate following intestacy.
£250,000 (from £125,000) where there is a surviving spouse or civil partner and children.
£450,000 (from £200,000) where there is a surviving spouse [...]
David Thorner, 58, from Wookey, near Wells, worked unpaid for his father’s cousin, Peter Thorner, at Steart Farm, Cheddar, for 30 years. For 15 years David also helped care for his then frail relative. Peter died intestate in 2005 having revoked an earlier will under which David would have inherited the farm.
Last year Judge John [...]