A will and a Grant of Probate are two distinct but related legal concepts in the context of managing a deceased person’s estate in the UK. A Will is a document created during a person’s lifetime to outline their wishes for the distribution of their estate after death. A Grant of Probate is a legal document obtained after the person’s death that gives the executor the authority to manage and distribute the estate in accordance with the will. Both are crucial components of the estate administration process, but they serve different roles at different stages.

In the UK, probate typically includes assets solely owned by the deceased, such as property, bank accounts, investments, and personal possessions. Some assets, like jointly owned property, trust assets, and those with named beneficiaries, usually bypass probate. The executor of the will is responsible for identifying and managing these assets as part of the probate process.

Without probate, the estate remains legally unresolved, with assets frozen, debts unpaid, and beneficiaries unable to receive their inheritance. While probate is not always necessary for small or jointly-owned estates, it is typically required to properly administer most estates in the UK. If probate is needed but not obtained, it can lead to significant delays, legal complications, and financial difficulties for those involved.

The probate process in the UK typically takes between 6 to 12 months from start to finish. Simple estates may be resolved more quickly, while complex estates or those involving disputes can take longer. Executors should be prepared for potential delays and may benefit from legal advice if the estate is particularly complex.

In the UK, there are mandatory fees for applying for probate, and additional costs can arise depending on the complexity of the estate and whether professional help is used. While basic probate fee is relatively modest, hiring a solicitor or probate professional can increase the overall cost significantly. However, for more complex estate management, it is often recommended that customers take professional legal support.

In the UK, probate is typically required to administer an estate, even if there is a valid will in place. However, there are exceptions, particularly for small estates, jointly owned property, and certain financial assets. Executors should check with financial institutions and consider seeking legal advice to determine whether probate is necessary in their specific circumstances.

Probate is the legal process of validating a Will and undertaking the administrative process for sharing a deceased’s estate amongst beneficiaries. The process can be lengthy, and can often involve enquiries to HMRC regarding Inheritance Tax and other financial obligations. To find out more about the probate process, head over to the HM Government website, here.