Welcome to the Worcestershire Law Society Probate - What is Probate?

Introduction to wills, probate and estate management letters Property left behind when a loved one dies (collectively, "the estate of the deceased") must be managed and distributed in accordance with the law this is where people ask what is a probate solicitor.

If the deceased has made a will before his or her death, he will normally appoint at least one person as the executor of the will to administer the estate in accordance with his or her will.

However, if the deceased does not make a will, the court will appoint at least one person as the administrator of the deceased's estate. The administrator is usually the spouse of the deceased or one of the deceased's next of kin.

If someone intends to manage the deceased's estate, he or she must applyProbate(if there is a will) or an estate management letter (if there is no will) in order to become a legally recognized executor (if there is a will) or the administrator of the deceased's estate (if there is no will).

If there is a will: probate A probate applies only if the deceased leaves a valid will. A probate is a document that grants the executor the authority to manage and distribute the estate in accordance with the deceased's wishes.

What is a probate? What do they need to do? The executor of a will is a person appointed by the deceased to administer the estate. The executor shall apply to the court for a probate in order to manage and distribute the deceased's property to the beneficiary.

What if there is no nominee in the will? If the deceased does not appoint a probate solicitor, the court will appoint a suitable person to manage the deceased's property, in which case the authorization is referred to as "court-appointed probate certification" rather than probate.

How many can the executor specify? This is usually determined by the will, but it is appropriate to recommend that more than one executor be appointed, on the one hand, to facilitate mutual supervision between the executors, and on the other hand, if one of the executors is unable to perform the task, for example, death, or physical or mental ill health, etc., the other executor may assist in the continuation of the task.

Can you waive your application for probate? If the designated executor refuses to dispose of the deceased's estate, the executor may waive his right to apply for probate. During the hearing of a probate application, the executor or his legal representative may notify the court of the waiver of the right. The court will then appoint a suitable person to manage the deceased's property, in which the authorization is referred to as "court-appointed probate certification" rather than probate.

Where can I apply for a probate? Depending on the total value of the deceased's estate:

Less than £50,000 - Public Trustee's Office Less than £3 million - National Court Over £3 million - High Court What are the typical duties of the executor? The duties of the executor depend on the content of the will, but mainly include the following responsibilities:

manage and distribute the property of the deceased according to the will of the deceased; Acting as a "trustee" of the deceased's estate The trustee has the right to hold, invest or use any benefit for the minor beneficiary (the minor is under the age of 21).

Being the executor of the deceased is both an honour and a burden. The executor shall also repay all debts and taxes incurred by the deceased before his or her death.

How long does it usually take to apply for a probate? Any person who has engaged a lawyer to handle a probate application will be granted a probate within about four to six weeks after the lawyer has submitted all the required documents.

Controversial probate: Objections to wills The family of the deceased may consider that the will ( made by the deceased ) does not properly reflect the deceased's wishes . The family can prove to the court that the will is invalid, thereby challenging it, so the deceased's estate must be distributed in a different way.

There are usually five grounds for challenging the will, failure to comply with the formalities, lack of capacity to make a will, will under undue influence, fraudulent will, failure to support the family of the deceased.

The first: non-compliance Failure to perform the following formalities may be declared null and void:

Must be in writing; The at-take-the-will must be at least 21 years of age; The attribator must sign at the bottom of the will; There must be at least two witnesses and sign the will in the presence of the probate; To avoid a conflict of interest, the beneficiary or spouse of a will cannot be the two main witnesses to the will. However, the beneficiary may be the third witness. Due to the complexity of a will, it is recommended to hire a professional (e.g. a lawyer) to assist in the drafting of a will.

Second: lack of capacity to make wills When a will is made, the following conditions must be met:

Good mental state, not affected by disease; Good memory; Good understanding; For elderly probate, it is recommended that they make a will independently with a lawyer in the absence of a beneficiary (to avoid disputes that would have undue influence or incapacity).

For blind, deaf and dumb wills, it is of great significance to show in the will that the will understand the contents of the will and that the will was made in accordance with the probate's instructions.

Third: wills made under undue influence A probate is subjected to undue influence, such as threats, intimidation, harassment, or ongoing persuasion, when making or signing a will.

When someone wants a probate to make a will based on his/her wishes, it will have an undue effect. Older people are more vulnerable to this type of influence.

Fourth: Fraudulent wills The probate is set up to sign the will, and he or she thinks they are signing another document. Fraud can also occur in two wills with the signature of the makebat. The court will call handwriting experts to examine the signatures and testify about their findings.

Fifth: failure to support the families of the deceased In a particular case, the deceased (parents) did not provide any property for him or her children, but left everything to an outsider. Since this situation may cause distress to the child, if the court finds that the will is unreasonable in supporting the deceased's family, it may change all or part of the contents of the will. Before making a decision, the court takes into account the basis of the set-by-law and other relevant factors when dealing with the disputed will.

The family must be the family to challenge the will in that case and shall be:

The husband or wife of the deceased; A single (unmarried) or mentally or physically disabled or unable to take care of her own daughter; a son who is mentally or physically disabled or unable to take care of himself; Baby The above is provided for in Singapore's Inheritance Act.

Do I really need a lawyer to help me apply for probate? Due to the complicated procedures and the large number of forms to fill in, it is best to hire a lawyer.

No effective will: Estate Management Book If the deceased did not make a will in his or her lifetime, the grant from the court is called "Heritage Management Book"。 As the deceased does not have a will, the distribution of the estate shall be subject to the relevant laws.

For non-Muslims in Singapore, the relevant laws are the Probate and Management Act and the Intestate Succession Act (ISA). For Muslims in Singapore, they are governed by the Muslim Act and the Islamic Shariah.

Who can be a heritage manager? For non-Muslims, the appointment of estate managers is determined on the basis of the priorities of the Intestate Succession Act. The Intestate Succession Act provides for seven categories of persons who are eligible to apply for estate management. The seven categories (in order of priority) are as follows:

Spouses; the children of the deceased; Parents; Siblings; Nieces and nephews; Grandparents; Aunt and uncle. For Muslims, a person who has the largest share of the deceased's estate under the certificate of succession (obtained from the Syariah court prior to the application for a management letter) should be designated as administrator.

If the beneficiary of the deceased's estate is a minor (under 21 years of age), at least 2 estate managers are required.

Persons who are unable to manage their estates (e.g. bankruptcy or minors) may not be appointed as administrators of the estate.

Can you waive your right to apply for a estate management letter? An applicant who has legal priority may waive his or her right to apply by submitting a waiver and an informed consent form.

How long does it take to apply for a heritage management letter? After all court documents have been submitted, it will take approximately four to six weeks to obtain the estate management letter.

Do I need to hire a lawyer to apply for a estate management letter? Due to the complicated procedures and the large number of forms to fill in, it is best to hire a lawyer.