Probate

Estate Planning & Probate Ltd

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Probate

Probate is the word used to describe the Grant of Probate which is the document issued by the Court to acknowledge the appointment of the Executors named in the deceased's Will or, if there is no Will, the appointment of Administrators to deal with the deceased's estate under the rules of intestacy. The Executors or Administrators are also referred to as the deceased's Personal Representatives.

Probate is not needed in all cases when someone passes away. Any assets that are held jointly with another person(s) will pass to that person automatically. However, if Probate is required in order to deal with any other assets of the deceased's, the value of their contribution to the jointly held assets must also be recorded.

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In order to lodge the application for Probate the value of the deceased's assets and liabilities must be calculated and any Inheritance Tax due must be paid. The Personal Representative must swear on Oath to promise they will deal with the deceased's affairs as stated in the Will or, alternatively, under the rules of intestacy.