The process of will writing and the terminology used surrounding it can be confusing. That is why we’re here at Middletons; to explain the process and make it clear for you. Below you will find out what and how to obtain a grant of probate or letters of administration.
Knowing the terminology within will writing can be difficult, and even when you take the time to conduct research, it can still be hard to understand. At Middletons, we take the time to ensure that we explain everything to you, so that you truly understand what each term or process means and why it’s required.
We will provide connotations below, however, we highly recommend that you get in touch with us and come in and meet with our experts to really understand the process.
In the process of creating a will, we will give you the option of naming an individual who will become responsible for dealing with the estate. This person you name is known as an executor. In some cases, an executor may be required to apply for a special legal authority to have the permission to deal with the estate; this is known as probate.
By applying for probate, you will receive a legal document which will give you the authority to share out the estate of the deceased from their instructions in the will. Probate isn’t always required to deal with the estate, but it can be.
Even if you have been named in a will, you don’t have to deal with the estate.
Another circumstance that occurs with wills is something called letters of administration. This is the process of a person who wants to deal with the estate of the person who has passed away. This will require you to apply for letters of administration oppose to probate.
It’s common for an individual to apply for letters of administration when there is no will, an invalid will, no named executors or if the named executor cannot or does not want to act.
This means that to be an administrator, you either need to be named in the will as the administrator of the deceased’s estate, or the executor is not named or can’t or is unwilling to act.
Middletons has a reputation for excellence with offices based in Warminster, Wiltshire, Andover and Stockbridge, Hampshire. With more than 50 years experience across all areas of corporate and individual law, our team of lawyers provides the highest standard of advice and service.
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