Faq

Probate is the term used in England and Wales for applying for the right to deal with someone who is deceased’s Estate which is often also referred to as administering the Estate. Different terms are used depending on whether or not the person in question left a will.

The loss of a loved one is naturally a distressing time, and as well as dealing with the grief there are a number of administrative tasks to deal with:

• Obtain a medical certificate of Cause of Death. If the death was sudden or the cause is unknown a post-mortem may be required
• Within 5 days you must register the death at the register office local to where the death occurred. You can find the relevant one here Register offices
• Arrange the funeral. Check the Will if it can be easily located, to see if there are any specific requests relating to the funeral
• Tell the government using the Tell Us Once Service After a death This will, amongst other things, stop the deceased’s pension and benefits, cancel their passport and driving license, and advise HM Revenue & Customs
• Check whether you are entitled to Bereavement Support bereavement-support payment or Guardian’s Allowance guardians allowance.

This can vary according to the complexity of each Estate.  The Probate Practice will endeavour to make this process as quick and efficient as possible.  An average case takes between 3 – 6 months.

Personal debts can be repaid from the Estate of the deceased if the loan was put in writing. Dealing with business debts can be complicated and it is best to seek advice from us on this matter

• It must be made by a person who is 18 years old or over
• It must be made voluntarily and without pressure from any other person
• It must be made by a person who is of sound mind meaning ther person is fully aware of the nature of the document and aware of all the assets stipulated and the identity of the people who will inherit these assets
• It must be signed by the person making the Will in the presence of two witnesses who must also sign the Will (witnesses must not be beneficiaries)

Although a Will is legally valid even if it is not dated, it is advisable to ensure that the will also includes the date on which it is signed. As soon as the Will is signed and witnessed, it is complete.

The Probate Practice is managed by a group of highly experienced Chartered Accountants who are specialised probate accountants. We are part of  Nyman Libson Paul, a respected firm of Chartered Accountants established in 1933.