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When someone dies, loved ones are left with a lot to deal with. Apart from dealing with the grief and arranging the funeral there are other important things that need to be dealt with.
Sorting through the deceased's paper work and financial affairs can be a daunting and upsetting affair. That's why we are here to help.
If you have lost a loved one and are feeling overwhelmed and bewildered as to what to do next, please call Shams Addow at our office on 0161 794 7799 (charged at a local rate from landlines) for some FREE ADVICE in respect of what to do next. She will be happy to explain how Probate works and in what order you need to address matters.
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If you apply for Probate and are successful then you are issued with a 'Grant of Probate'. In simple terms this is a document that gives the Executors the authority to act on behalf of the deceased in relation to all their financial matters and Assets. The Executors names are listed on the Grant of Probate (There may be a single Executor or there may be more than one Executor listed). The Executors have an important role to play in dealing with the aftermath of a persons death. The Executor is usually someone who the deceased trusted (Usually a close family member) and is listed in their Will to deal with their estate on their death. If you have been listed as an Executor you do not have to act if you feel you don't want to or are unable to for other reasons. You can instruct a Probate Solicitor to deal with matters if you wish to.
What legal duties and Responsibilities does an Executor have:
Once the above duties and responsibilities are dealt with then it is the Executors role to then ensure the deceased's wishes are carried out by ensuring the beneficiaries in the Will receive what has been left to them.
If the Deceased died without a Will then of course it means that the Deceased hasn't, whilst alive, stated who they wish to deal with their estate in the event of death. In this scenario a family member can apply for Probate. In the absence of a Will this person doesn't get the title of Executor. This person is referred to as the 'Administrator' and they apply for a 'Grant of Administration' (In practical terms this document is the same as a Grant of Probate). So, for all intents and purposes the Administrator is effectively the Executor and has the same powers and obligations as an Executor. In the absence of a Will the Administrator then has to follow a set of rules called the 'Intestacy rules' and these rules confirm who is to benefit from the Deceased's Estate. We won't go into detail as to how these rules are applied but if someone you love has died without a Will then please do not hesitate to call us and get some FREE ADVICE in respect of what to do next.
There are instances where someone dies (with or without a Will) and the loved ones do not need to apply for probate eg. Where the deceased held all their assets (property and bank accounts) jointly with another person then the Uk law dictates that all such assets pass under the 'rules of survivorship' which means that by virtue of them being in joint names they automatically pass to the surviving owner.