Grant of Probate
Following death authority is needed to deal with the assets of the estate and before disposals or payments can be made. That authority is called Probate and it is granted by the Court.
- If the deceased leaves a valid Will with named Executors then the Court will generally grant Probate to them. This gives them the legal right to do what has been asked of them in the Will.
- If there is a Will, but no named executors, then the Court will grant Probate to an acceptable applicant such as a family member or a professional solicitor or accountant as an Administrator. Those appointed will have the legal right and obligation to carry out the wishes of the deceased as described in the Will.
- If there is no valid Will, then the Court will issue Letters of Administration, giving someone the right to deal with the estate in the manner set out by law (which may or may not be what the deceased actually wanted, which is one of the reasons why everyone should make a Will