Who is entitled to see a Will after death in the UK?
There are a lot of things to deal with after the death of a loved one.
It’s an incredibly emotional and stressful time and knowing where you stand when it comes to their Will is particularly important.
There’s more than one part to this question, and it’s because the rules depend on whether probate has been granted yet or not.
Who Can See The Will Before Probate Is Granted?
Only the executors of the Will can see the Will before probate has been granted. Click here to read more about Executors, along with the solicitors of the deceased and their bank for legal and financial purposes.
If you’re not any of those people, then you’re not allowed to see the Will unless the executors agree to share it with you. You are allowed to know who the executors are, and you are allowed to know what their wishes are for a funeral.
Many people may leave details on the sort of funeral they’d like and plans for their burial or where they’d like their ashes to be scattered.
You’re not legally obligated to follow the deceased’s wishes when it comes to the funeral, but it’s usually the case that loved ones like to do so – it’s important you find out whether there are any preferred funeral arrangements BEFORE making any plans to avoid any distress further down the line.
What Happens After Probate Is Granted?
The probate process might seem daunting at first, but a probate solicitor can handle the formal legal aspects.
You’ll most likely need to apply for a grant of probate if the deceased’s estate is worth £5,000 or more, but this can depend on a variety of circumstances – it is often worth getting in touch with a solicitor even if it turns out probate isn’t required.
A grant of probate confirms that the executor of the Will has the authority to administer the estate of someone who has died.
It’s essentially the formal process of releasing the various funds and assets to the executor so they can be distributed as per the Will.
Probate applications have several key stages, starting with registering the death.
You should note that you MUST register a person’s death within FIVE days of their death in England, Wales, and Northern Ireland (it’s slightly longer in Scotland), and you’ll then be issued with a death certificate.
The death certificate is essential as many places (banks, HMRC, the department of work and pensions, private investment companies, etc.) require this as proof to release any money, funds, and assets.
The probate process continues as follows:
- Resitering the death.
- Obtaining a valuation of the estate by accessing all bank accounts, pensions, investments, and assets, and gaining a valuation on any properties
- Completing and filing inheritance tax (IHT) forms
- Filing your application for probate (if there is a valid Will), or Letters of Administration (no valid Will)
- Paying the necessary probate fees
- Paying the Inheritance Tax due
- Paying all other debtors
- Distributing the remaining assets in accordance with the terms of the Will, or Intestacy Laws if no Will was in place.
Will Writing Solicitors Near Me
Having a Will in place can ensure that your loved ones are looked after and that your assets are distributed in the way you’d like.
A Will that’s professionally drafted by a solicitor will not only look after your loved ones, but it will also explore efficient tax planning and make the most of your life’s work.
At Solicitors Near Me, we can connect with you with Will Writing Solicitors to help you prepare for later life.
Solicitors Near Me will connect you free of charge and without obligation with specialist Wills Solicitors near to where you live…
So, why not try Solicitors Near Me today and give yourself peace of mind?
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