Are You Worried About Probate?
It is an unfortunate fact that more people die at this time of year than any other, and it is particularly the case when the winter weather is exceptionally cold as it has been.
Government estimates are that an extra 40,000 people nationwide died as a result of the cold winter last year, so, sadly, we can expect the current cold snap to have a similar outcome.
All of which made us think that it might be useful to explain a little about the legal process if your family or friends happen to be one of the real families under that bland statistical number this year.
It's not really a surprise that many people struggle when they have to try to deal with complex legal issues at the same time as coping with intense and painful sorrow and grief - so if this article helps in any way then we're only too glad to be able to ease a little of the burden...
What is Probate?
Probate is the legal process used to administer an estate when a person dies. In plain English this means how a person's estate is distributed.
If the person has a Will, the Will must be shown to be valid and be the final wishes of the deceased. In the Will it will state who the executors are. Executors are the people that will start the probate process and distribute the estate. The executors will have to apply for a Grant of Probate in order for them to distribute/administer the estate. After this the executors will then distribute the estate to the beneficiaries as stated in the will.
If there is no will the process becomes more complicated. The Administration of Estates Act 1925 sets out who can apply to administer the estate. These people are sometimes called Personal Representatives. The Personal Representative will usually be a close relative. The person who has a right to administer the estate under the act will have to apply to the Probate Registry for A Grant of Letters of Administration. This is a similar document to the Grant of Probate and will allow the Personal Representative to administer/distribute the estate. However in the cases where there is no will the intestacy rules decide how the estate is distributed and so even if the deceased stated his beneficiaries before they died. If there is no the will the estate will not be distributed according to their wishes but according to the intestacy rules.
"How will my estate be distributed if I die and there is no will?"
If you are married with children then your spouse will receive the entire estate but only if your estate is worth less than £125,000. If your estate is worth more than £125,000 then your spouse will receive the first £125,000 of your estate and a life interest of half of anything that remains. The other half will be given to your children, and if they are below the age of 18 the money will be held on trust until they reach the age of 18.
If you are married with no children and your estate is more than £125,000, then you spouse will receive the first £200,000 and a lifetime interest of anything that remains. The other half will go to your parents and if they are already deceased to any siblings you may have.
If you have children but no spouse- then your estate will be shared equally between your children; again if they are below the age of 18 the money will be held on trust.
If you have no spouse or children, then your estate will go to your parents first; if they are deceased to any siblings; if they are deceased to any grandparents; if they are deceased to any Uncles or Aunties.
If you have no surviving relatives; then your estate will go to the Crown. One of the reasons we always advise people to make a Will is to avoid unpredictable and unintended outcomes like this.
As you can see the probate process is also a lot simpler if you have a Will, and for this and many other reasons if you don't already have a Will I strongly recommend that you get one! If you need further advice on any probate issues or on making a will, I can recommend Harvey McKibbin Solicitors in Sutton Coldfield as they are experts in this area. You can also find a lawyer on The Law Society Website.
