Wills and probate: frequently asked questions

Alexandra Mitchell
November 13, 2020

Our Wills and Probate partner Alex Mitchell runs through some recently asked questions for your guidance.

Q. Are we still able to help clients with probate matters now that our offices are closed due to the pandemic?

A – Yes. Although we are working remotely, we are able to have telephone appointments with our clients and take the necessary instructions over the phone. We are still able to deal with incoming and outgoing post and have access to our emails. 

Q. Is there a time delay on receiving probate as a result of the pandemic?

A – Once we have collected in details of the assets and submitted the application to the probate registry, it is currently taking eight weeks for them to issue the Grant. It previously took up to 10 working days to receive a Grant.

Q. If the deceased left a Will, do we still need probate?

A – This will depend on the assets the deceased held. Whether someone creates a Will or not doesn’t directly affect whether a Grant is needed to deal with the administration of their Estate (although it does affect which type of Grant is applied for). 

Some financial institutions will release funds to an executor without a Grant, but others will require sight of a Grant before they will close an account. If the deceased owned a property and you are looking to sell it, you will more than likely need a Grant in order to be able to do this. 

Q. Can you assist with paying any tax and distributing the Estate?

A – Yes. As part of the probate application process, we collect in details of the deceased’s assets and supply these to HMRC. Depending on the total value of the Estate, we will be able to advise whether the Estate is taxable or not. 

Once the Grant has been issued to us, we will settle all outstanding debts and liabilities, and distribute the Estate in accordance with the Will or the intestacy rules.

If you need any assistance with writing a will or administrating an estate then please email alex.mitchell@watsonssolicitors.com or call 01925 571212.

Contact Us

If you are interested or require any information on any of our services then please get in touch for an appointment on:

 01925 571 212
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