Your Will Matters » Probate

What is Probate?

Bill Ryan — Wed, 02 Sep 2009 11:48:29 +0000

‘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 legal document that confirms that the executor has the authority to deal with the deceased person’s assets etc.

Typically it is used to access funds, sort out finances, to collect and to share out the deceased person’s assets in accordance with the terms of the Will.

If the person who has died didn’t leave a Will

If there is no Will, a close relative of the deceased can apply to the probate registry to deal with the estate.

The application is then for a ‘grant of letters of administration’. If the grant is given, they are known as ‘administrators’ of the estate.

Just like the grant of probate, the grant of letters of administration is a legal document which confirms the administrator’s authority to deal with the deceased person’s assets.

Is it difficult?

The amount of work required to complete Probate depends on the complexity, the types of assets, and legal or tax complications. There is also a heavy legal responsibility placed on an executor to distribute the estate properly. This can be an onerous responsibility.

It may be desirable to use a professional to deal with probate if the estate is complex or if there is nobody suitable to carry out the role. Sometimes a professional is employed to avoid making choices between siblings!

If you would like to find out more about our Probate service, making a Will, getting a Will review or if you want to arrange a visit please call Bill Ryan on 01225 582 582 or 07942 95 95 99. Alternatively use the contact page and you will be called back shortly.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.

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Make the right will – expats in Dubai take care!

Bill Ryan — Sat, 25 Jul 2009 10:27:57 +0000

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 your estate will not be dealt with by Sharia Law?

Just as in the UK you are wise to have will in place. In Dubai you may may that not having a will and not planning for the event could have very serious consequences, especially for women.

Be careful how you go about having a ‘local’ will in Dubai, as the Probate court may interpret this as a request to be dealt with by Sharia law. If it is only dealing with property owned in Dubai and you have another will for your assets in the UK that could be the best course of action. It all depends on your circumstances.

Sharia Law favours distribution of the estate to male children and smaller amounts pass to a female spouse and female children.

As always take good advice and make the right will. Especially if you live in places like the UAE.Similar Posts:

Is your Will still valid and fit for purpose? Free MOT check.

Bill Ryan — Tue, 07 Jul 2009 12:55:47 +0000

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 married without mentioning that the Will was made in contemplation of the forthcoming marriage.

Many Wills have been badly drafted due to inadequate DIY attempts.

Many Wills are simply no longer suitable for the job e.g. after a divorce or other changes in family circumstances.

Some Wills simply ignore how to deal with important business interests.

Please think of the matters dealt with in a Will as a snapshot of what was appropriate at that time – not for the rest of your life. To ensure that your Will is effective it should be reviewed every 3-5 years, not just left in the drawer until the day you die.

You made your Will to get peace of mind but you can’t have peace of mind without knowing it is valid and useful.

So, I am offering a free no obligation review of your Will to confirm (1) if it is valid and (2) if it is still fit for purpose.

Please contact me for details.

01225 582 582 or 07942 95 95 99 or use our contact page and you will be called back.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.Similar Posts:

Honey I’m disinheriting the kids

Bill Ryan — Thu, 02 Jul 2009 12:48:26 +0000

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 new spouse because s/he owns it already.

It is something that can easily happen and does happen. But it can be avoided.

To most people the idea that the wealth and assets that have been built up over their life ending up in the pocket of a new spouse, and his or her children, is just unacceptable.

One way to avoid this problem is to ensure any new ‘marital property’ is owned as tenants-in-common and e.g. the part owned by the parent is put into a Life Interest Will Trust. This will leave the surviving spouse with the full use of the property, but on his/her death it then passes to the children.

So nobody loses out this way.

If you would like to talk about avoiding this problem or want to make an appointment to arrange a visit please call William Ryan on 01225 582 582 or 07942 95 95 99 or use our contact page and you will be called back.Similar Posts:

Most wills fail due to faulty attestation

Bill Ryan — Mon, 27 Apr 2009 12:46:41 +0000

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 see the will being signed.

As a matter of good practice, I advise the witnesses that for the next few minutes they must stay in the room, switch off their mobiles and await my instructions. This helps prevent them wandering off and, hopefully, after I have explained to them exactly what they have to do they will have a clear idea of their role. The two witnesses should then sign the will confirming that they have witnessed the signature by the testator.

This failing is most frequently found when DIY wills are presentedfor Probate. The proper procedure is surely mentioned in the instructions of the DIY will package but the potential for missing this one vital point is very high.

My Professional Indemnity insurance requires me to be at the attestation just to avoid this common mistake.

If you would like some advice on this matter or indeed anything about wills or to arrange a visit please call FREEPHONE 0800 878 6565 or 07942 959599 or use our contact page and we will call you back.

Affordable peace of mind for people from all walks of life and for those not wanting the cost of a high street solicitor.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.Similar Posts:

Richard Bacon show BBC Radio 5 Live

Bill Ryan — Wed, 01 Apr 2009 11:52:59 +0000

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 judges – compared to only 83 in 2006. ”

If you want to listen to the programme but you don’t want to stay up late you can get in after the event from the BBC website. It should be an interesting discussion!

Here is a link to the programme details:

If you want to avoid the problems caused by having your will contested you can get advice from William Ryan. Call FREEPHONE 0800 878 6565 or 07942 959599 or use our contact page and I will call you back within one working day.

Affordable peace of mind for people from all walks of life and for those not wanting the cost of a high street solicitor.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.Similar Posts:

New rules for distribution of an estate following intestacy.

Bill Ryan — Thu, 05 Feb 2009 11:34:00 +0000

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 or civil partner and parents or siblings, but no children.

In each case, for estates with a valuation lower than the statutory limit, the spouse or civil partner will inherit the entire estate.

Application of the statutory limits

When the estate exceeds the minimum (i.e. the statutory limits) the rules apply as follows:

For a spouse or civil partner, and children:

The spouse or partner gets the personal chattels, the first £250,000 and a life interest in half of what is left.

The children of the deceased, share between them half what is left straight away, if they are 18 or over; and the other half when the surviving parent dies.

For a spouse or civil partner, and relatives but no children:

The spouse or partner gets the personal chattels, the first £450,000 and half what is left.

The parents of the deceased, or if they have died, the siblings or their descendants, share the other half of what is left.

If there is a spouse or civil partner, but no other relatives:

The surviving spouse or partner gets everything.

If there are children, but no living spouse or civil partner:

The children share everything equally.

If there is no spouse, civil partner or children:

Everything goes to the next available group of relatives.

Finally, if there are no available relatives the estate in its entirety goes to the State.

The Justice Minister, Bridget Prentice, commented that many people wrongly assume that when their partner dies, they will automatically be entitled to everything. Clearly this is not the case and the importance of making a will cannot be over-emphasised. In other words Intestacy can be a problem!Similar Posts:

Intestate Somerset farmer leaves a right mess!

Bill Ryan — Sun, 01 Feb 2009 11:54:06 +0000

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 Randall QC found in favour of David Thorner’s plea that Peter was bound by conscience to leave him the 200-acre estate. The Judge ruled that Mr Thorner should inherit the farm worth over £2 million and Peter Thorner’s sisters and niece should share £750,000.

The Appeal Court reversed the decision, awarding the whole estate to the sisters and niece. Lord Justice Lloyd commented that the source of the dispute rested with Peter’s failure to make another will before he died.

Now before the House of Lords. Mr Thorner asked the Lords to rule he should inherit the farm, as he would have done under the original will.

Papers before the Lords indicated that Peter Thorner gave David Thorner “unstinting help” over the years. He never received money for his work and lived with his parents until they died with his only income being the pocket money they gave him.

The hearing continues and will focus on complex arguments over the laws of intestacy.The decision make take some weeks.

One thing is clear, having no valid will has caused a lot of anxiety for all parties and created a lot of lucrative work for the probate lawyers. A right Somerset mess!

If you would like to arrange a consultation please call Bill Ryan on FREEPHONE 0800 878 6565 or 07942 959599 or use the contact page and I will call you back within one working day.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.Similar Posts: