Probate - Sutherland & Co Law
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Probate

We can offer full probate services or just assist you in applying for the Grant of Representation

When a person dies,  a person or people (up to four) are responsible for ensuring that the deceased’s assets and liabilities are dealt with in accordance with their Last Will and Testament (“Will”), or, if they have not left a Will then in accordance with the rules of intestacy.    If there is a Will, then they are known as Executors, and the deceased will have chosen them.  If the Deceased has not made a will, then they are called Administrators.  Collectively they are known as personal representatives.

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If you are a personal representative then you will need to obtain a Grant of Representation from the Probate Registry.  This is a legal document which proves that you are entitled to deal with deceased’s estate and it allows you to handle and deal with the whole of the Deceased’s Estate. For example, you’ll be able to use the Grant of Representation to withdraw funds from bank accounts, collect in the assets of the Estate and pay the creditors of the Estate, and distribute the proceeds of the Estate to the beneficiaries.

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There are three types of grant of representation:

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  • Probate.  This is issued to one or more executors named in the deceased’s will
  • Letter of administration (with will).  This is issued when there is a will but no executor named, or when the executors are unable or unwilling to apply for the grant.
  • Letter of administration. This is issued when the deceased did not make a will or any will made is not valid

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You will need a Grant of Representation if there is any bank or building society accounts of the Deceased which contain more than £10,000; if there are any stocks or shares owned by the Deceased and if there is any property owned in the Deceased’s sole name or if they own a property as tenants in common (i.e there is no automatic right of survivorship) .  If a property is owned with another person as joint tenancy/beneficial joint tenants then the property passes automatically to the other owner.

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In some cases a Grant of Representation is not needed at all, this is usually when the person who died left very little.    You do not normally need a Grant of Representation if everything the deceased owned was held in joint names with someone else where the deceased’s share passes automatically (normally a spouse or civil partner); and/or any bank or building society accounts that the Deceased  had contains less than £5000, however some Banks and Building Societies do have the right to insist on a Grant of Representation being obtained.

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We can help and assist you to obtain a Grant of Representation or we can deal with the whole of the administration of the Estate of the Deceased.  

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Please do not hesitate to call us on 01302 279179 or click here to request a call/email back.

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