What is Probate?

A Grant of Probate is an official document which the Executors to your Will may need to administer the estate. When a person dies, someone has to deal with their affairs and this is called `administering the estate`. If the person that has died has left a Will, then the Will will usually name one or more people to act as the Executors of the Will, namely to undertake the administering of the estate. If you are named as an Executor of a Will, you may need to apply for a Grant of Probate.

If there is no Will then the person has died intestate and the process is more complicated. The Administration of Estates Act 1925 states who can act as an Administrator, that is the person who has the legal right to deal with the affairs of the deceased. Anyone who has the right to do this can apply to the court for a Grant of Letters of Administration. This is an official document which allows Administrators to administer the estate.

Dealing with the affairs of someone who has died can take a long time. It is not unusual for it to take up to a year, perhaps longer if things are not straight forward.

The term Personal Representatives refers to Executors or Administrators. If there is more than one Personal Representative then they must work together to decide matters between them. Personal Representatives are responsible for making sure that the estate is administered correctly. If there is a Will, the Personal Representatives must make sure that the wishes of the person who has died as set out in their Will are followed. If there is no Will then they must follow the rules of intestacy.

We at Eskinazi & Co can assist you with obtaining a Grant of Probate. Please contact Christina Theodorou of this firm who is qualified in this area and will be able to advise and assist Personal Representatives in obtaining a Grant of Probate or Letters of Administration and in administering the estate.

If you would like more information or to discuss this with Christina, please contact her and she will be happy to assist you.