ASK THE EXPERT – ‘I’m the Executor of my late sister’s Will. Do I need a Grant of Probate?’

Alison

Each week we are taking questions from our clients and contacts.  This week Mr Greaves from Sheffield asks:

“I’m the Executor of my late sister’s Will.  Do I need a Grant of Probate?”

Alison Gregory, the Head of our Private Client, Wills and Probate Department answers as follows:

“Firstly, may I pass on my sincere condolences for your loss from both myself and all at Best Solicitors.

A Grant of Probate is where an individual gains legal permission to handle the administration of an Estate. However, the term ‘Probate’ is also often used to describe the whole process of settling and distributing an Estate.

Whether a Grant is required will depend on the Estate itself.  In certain circumstances a Grant may be avoided.  This is usually where an Estate is not of significant value and there is no property or land.

Similarly assets that are jointly owned will not require a Grant, as this will transfer automatically to the survivor.  The exception to this is property or land held jointly but as tenants in common. (we can check how the property is held for you)

If there is no land or property in the Estate I would suggest you contact the individual organisations sending a copy of the death certificate, i.e. banks, building societies etc.  They will confirm whether a Grant is required to enable them to release any funds held.

If a Grant is required, you are also required to complete an inheritance tax return.

If you are unsure about whether you need to go through the Probate process, it is best to get professional advice. Myself and my team will be able to give you reliable advice and guidance which is specific to your situation”.

You can contact Alison Gregory and her team on 0114 3583134 or email us via our contact page

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