Body & Soul0 min ago
Copy Of The Will
Well the young lad in question - saw Solicitor along with his cousin this morning (sorry I did say aunt). Cousin has come out pretty well monetarily - anyway the lad is "hyper" to put it mildly.
He and the cousin were made 2 Executors. She had been POA - 2 things I would like to ask.
1. Can the lad see a copy of the will
2. Apparently the "situation" is going to probate.
I always thought that if a will is made it would never go to probate.
Thanks for any advice.
I know most of you did say don't get involved and we haven't but he literally has not one person to help him.
I saw him last night after not seeing him for about 15 years and the guy is terrible looking. Just a skeleton with a bit of skin over him and no teeth for 45 years of age. My heart went out to him.
He and the cousin were made 2 Executors. She had been POA - 2 things I would like to ask.
1. Can the lad see a copy of the will
2. Apparently the "situation" is going to probate.
I always thought that if a will is made it would never go to probate.
Thanks for any advice.
I know most of you did say don't get involved and we haven't but he literally has not one person to help him.
I saw him last night after not seeing him for about 15 years and the guy is terrible looking. Just a skeleton with a bit of skin over him and no teeth for 45 years of age. My heart went out to him.
Answers
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1. An executor MUST see the will - otherwise he can't possibly ensure that the provisions of the will are met ;
2. A will has no effect whatsoever until probate has been granted. (OK, there may be exceptions when very small estates are involved but that clearly doesn't apply here).
An executor of a will can't simply walk into the deceased person's bank with the will and say "give me all the money from the account". Neither can he just show the will to the Land Registry and then be empowered to sell the deceased person's house. He must first seek a court document (called a 'grant of representation') to enable him to do such things. [A 'grant of representation' is called 'probate' when the deceased person left a will or 'letters of administration' where there was no will].
So (with the exception of cases where the state of a deceased person is very small) ALL wills MUST go to probate. The Probate Registry (which is actually a court of law) will check that the will is in order and that the people who claim to be its executors are indeed so. They'll also check that the executors have done all of the initial work required in establishing the extent of the deceased person's estate (e.g. finding out which bank accounts they held and whether they owned any stocks and shares, etc) and what, if any, their debts were at the time of their death. Only once all of that has been done can a grant of representation (i.e. 'probate') be issued, so that the executors can get on with their job of distributing the estate in accordance with the terms of the will.
2. A will has no effect whatsoever until probate has been granted. (OK, there may be exceptions when very small estates are involved but that clearly doesn't apply here).
An executor of a will can't simply walk into the deceased person's bank with the will and say "give me all the money from the account". Neither can he just show the will to the Land Registry and then be empowered to sell the deceased person's house. He must first seek a court document (called a 'grant of representation') to enable him to do such things. [A 'grant of representation' is called 'probate' when the deceased person left a will or 'letters of administration' where there was no will].
So (with the exception of cases where the state of a deceased person is very small) ALL wills MUST go to probate. The Probate Registry (which is actually a court of law) will check that the will is in order and that the people who claim to be its executors are indeed so. They'll also check that the executors have done all of the initial work required in establishing the extent of the deceased person's estate (e.g. finding out which bank accounts they held and whether they owned any stocks and shares, etc) and what, if any, their debts were at the time of their death. Only once all of that has been done can a grant of representation (i.e. 'probate') be issued, so that the executors can get on with their job of distributing the estate in accordance with the terms of the will.
This link should answer your questions about probate:-
https:/
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^^^ That's one of those 'How long is a piece of string' questions, Conne!
If a solicitor is involved, and the estate is complex, then it can take over a year (or even, in very rare cases, several years).
However if the estate is fairly straightforward, with the executors doing all of the work themselves (and 'really getting on with it'), then it can be quite a quick process (in relation to how long other legal matters can often take).
My father died in mid-October. I'd sought and obtained probate, and was driving a car bought from the money in his estate, by the end of November.
So there's a very wide range of possible answers to your question but 'a few months' might be typical where an estate is uncomplicated.
If a solicitor is involved, and the estate is complex, then it can take over a year (or even, in very rare cases, several years).
However if the estate is fairly straightforward, with the executors doing all of the work themselves (and 'really getting on with it'), then it can be quite a quick process (in relation to how long other legal matters can often take).
My father died in mid-October. I'd sought and obtained probate, and was driving a car bought from the money in his estate, by the end of November.
So there's a very wide range of possible answers to your question but 'a few months' might be typical where an estate is uncomplicated.
My experience is similar to Chris'. I think it should be understood though that there is a difference between how long it takes to obtain probate and how long it can then take to do all the things that you are then allowed/expected to do. I had an amusing rpblem with trying to wind up my late DH's credit cards, and a loan attached to one of them. I had the money waiting and really wanted to get the whole thing done with so kept chasing one particular company...they kept sending me the most wonderful letters and emails saying not to worry, to take my time, that the interest on both credit card and load was frozen and that no further fees or penalties would accrue no matter how long the process took...I had to fib a bit and say that the waiting to be finished with the admin was causing me extreme emotional distress and could they please help me by speeding things up!
