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Post by siabod on May 15, 2005 17:18:33 GMT 1
After a death what decides if a will has to go probate ?
Sorry I know its a long way from football but reading your replies on other legal matters makes me sure someone will know. Thanks
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Post by Shrews and Royals on May 15, 2005 17:38:11 GMT 1
All wills have to be granted probate.
Without it the executors can't distribute the assets, sell a house etc...
We had to submit the will, fill a form in for the solicitor, and then they deal with it all. The bank won't allow money to move without seeing it.
That's what I was told when sorting my fathers estate.
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Post by harmerhillshrew on May 15, 2005 17:48:21 GMT 1
When a person dies somebody has to deal with their estate (the money, property and possessions left) by collecting in all the money, paying any debts and distributing the estate to those people entitled to it.
The term probate often means the issuing of a legal document to one or more people authorizing them to do this.
The probate registry issues the document, which is called a grant of representation.
These are three types of grant of representation:
1. Probate
Issued to one or more of the executors ( People named in the will to deal with the estate)
2. Letters of administration (with will)
Issued when there is a will, but there is no executor named, or when the executors are unable to apply, or do not wish to be involved in dealing with the estate
3. Letters of administration
Issued when the deceased had not made a will, or any will made is not valid
Its an awful job to do and can be a can of worms.
Good Luck at this trying time
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Post by pawlo on May 15, 2005 18:17:40 GMT 1
Sorry about your loss Siabod.
So what happens if you dont have a will? Cos i dont have one. Are they that important? Doesnt everything just go to my next of kin? May sound thick but its just not something i have thought of addressing.
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Post by harmerhillshrew on May 15, 2005 18:24:15 GMT 1
So what happens if you dont have a will? Cos i dont have one. Are they that important? Doesnt everything just go to my next of kin? May sound thick but its just not something i have thought of addressing. If there is no will, the person's estate will be shared out under the 'rules of intestacy'. These rules set out: who deals with the estate; and who benefits from it. The person who will deal with the estate is the closest living relative to the dead person chosen in this order: 1. The husband or wife of the person who has died (but not a partner they were not married to). 2. Their children or their children's descendants (for example, grandchildren, if they are over 18). 3. Their parents 4. Their brothers or sisters with the same mother and father, or descendants of the brothers or sisters. 5. Their half-brothers or half-sisters (who had either the same mother or the same father) or their descendants. 6. Their grandparents. 7. Their uncles and aunts 'of the whole blood (this means brothers and sisters of their parents, as long as they had the same mother and father themselves) or their descendants. 8. Their uncles and aunts 'of the half blood' (this means brothers and sisters of their parents who had only the same mother or father) or their descendants. 9. The Crown (the state) if there are no relatives. If several people have an equal right to deal with the estate (for example, brothers and sisters), letters of administration will normally be given to the first of these people who apply for it. However, there can be a problem when, for example, the dead person has several brothers or sisters who all want to be in charge of the funeral or administration. If they cannot agree about this themselves, they would have to apply to the Probate Court, which will decide who will take responsibility. This process is complicated and you would probably need help from a solicitor. Remember, too, that legal disputes cost a lot of money and take time to resolve. The costs will probably be taken out of the estate, if the court agrees to this. But otherwise, you risk being left with a large bill. Get it sorted Pab, I did one for free through the T&G. I expect you are in a union, have a word
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Post by rob on May 15, 2005 18:30:16 GMT 1
And get a proper one sorted out.
My grandfather died at a young age with an inappropriate will.
My grandmother and my four aunties went from being considerably well off and rich to my grandma living in a cottage, with no central heating, no double glazing etc...
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Post by grinfish on May 15, 2005 18:32:59 GMT 1
1. The husband or wife of the person who has died (but not a partner they were not married to). 2. Their children or their children's descendants (for example, grandchildren, if they are over 18). 3. Their parents 4. Their brothers or sisters with the same mother and father, or descendants of the brothers or sisters. 5. Their half-brothers or half-sisters (who had either the same mother or the same father) or their descendants. 6. Their grandparents. 7. Their uncles and aunts 'of the whole blood (this means brothers and sisters of their parents, as long as they had the same mother and father themselves) or their descendants. 8. Their uncles and aunts 'of the half blood' (this means brothers and sisters of their parents who had only the same mother or father) or their descendants. 9. The Crown (the state) if there are no relatives. If several people have an equal right to deal with the estate (for example, brothers and sisters), letters of administration will normally be given to the first of these people who apply Must get difficult to resolve in Hereford then...
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Post by siabod on May 15, 2005 18:55:39 GMT 1
Thanks a lot for the info, does also point out the need to have a properly made will.
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