The process of Will writing and the terminology surrounding it can be confusing. That is why we’re here, to explain the process in plain and simple terms to ensure everything is clear for you.
In order to administer an Estate, it is likely that you will need to apply for a Grant of Probate/Letters of Administration.
A Grant of Probate is issued to the Executor(s) named in the Will, whereas Letters of Administration will be issued to the next of kin of the deceased who died without making a Will (intestate).
At Middletons Solicitors, we will explain when you might need to apply for the above documents, explain your duties as an Executor/Administrator and assist you with the process of administration.
When you make a Will, you need to give careful consideration to the appointment of your Executor/s. He/she should be someone you trust and be an individual who has the competence to manage a potentially complex process.
The Executor will have the legal authority to deal with your affairs after your death, and at the end of the process, will distribute your assets to the beneficiaries that you have named in your Will.
Examples of the Executor’s responsibilities are:
Similar to a Grant of Probate, Letters of Administration is the document that grants the next of kin the legal authority to deal with the affairs of the deceased. In circumstances where there is no Will, there is an invalid Will, there is no named Executor, the named Executor has died or does not wish to administer the estate.
Someone who applies for letters of administration is called an administrator. We suggest that you take advice with regard to who can apply for Letters of Administration as there are rules which govern the order of priority.
Middletons Solicitors have a reputation for excellence with offices based in Warminster, Andover and Stockbridge. With more than 50 years’ experience delivering comprehensive legal services, our team of legal experts provides the highest standard of advice and service.