Probate is the process of dealing with a deceased person’s estate, including their finances and assets, and then distributing the estate among beneficiaries.

With a legal and up-to-date Will in place, the executors named in the will have responsibility for probate, so it is important to inform your chosen executors. Our will writing service allows you to name a reserve executor(s) in case your first choices are unwilling or unable to perform the duty.

Executors will be issued with a “grant of administration” which allows them access to the deceased’s assets, in order to distribute them once any inheritance tax has been paid.

If you die without a will, a close relative can apply to the Probate Registry to be officially recognised as responsible for your estate. This process is not always a smooth one and a “grant of letters of administration” is not always issued. 

Find out more about applying for probate on gov.uk.

Unless you want your estate to pass to the person from whom you are separated, a new will is the only way to ensure your wishes are fulfilled. Here is an example:

Without a will:

Toby and Amelia have been married for ten years and have two children. Amelia leaves Toby and the children and moves in with Tom. Toby has not yet started divorce proceedings when he dies without a legally valid last will and testament.

Amelia would still be first in line to inherit Toby’s money and property according to Intestacy Law, Toby could have prevented this by writing and executing a new Will.

Divorce or dissolution of a civil partnership

Divorce or dissolution of civil partnership does not automatically revoke your will like getting married does. If you divorce or dissolve your civil partnership after your will is made, any reference to your former spouse or civil partner will be treated as if he or she had died on the day that the decree absolute or final dissolution order was made. You should seek legal advice in those circumstances.

It is important to update your will or create a new will whenever your circumstances chance, for example getting married or entering a civil partnership, getting divorced or dissolving a civil partnership, or when you have children.

A Property and Financial LPA covers things such as those listed below. It can only be used at your direction, for example if you are out of the country or physically incapacitated, or if you are deemed to lack sufficient mental capacity to continue managing your own affairs.

• Buying, selling and renting your property

• Renovating or repairing your property, if required

• Managing your bank accounts

• Managing your investments

• Paying your household bills

• Paying your nursing or residential care home fees

• Collecting your income (including pensions, state benefits and employment income)

A Property and Financial Lasting Power of Attorney (LPA) is one of two types of LPA that exist, the other being a Health and Welfare LPA. It is a legal document that enables you to give to a person or persons you trust the authority to make decisions on your behalf. You must be over the age of 18 and have sufficient mental capacity to make the document. Remember it is not possible to make a Lasting Power of Attorney on another person's behalf.