Offices At
68/70 Eltham High Street, Eltham, London SE9 1BZ
Telephone 0208 859 0936
12 High Street, Dartford, Kent, DA1 1BY
Telephone 01322 223223
131-133 Southlands Road, Bromley, BR2 9QT
0208 313 0555
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| Q |
I do not know if the deceased made a Will - how do I find out? |
| A |
Usually people will tell the executors they have appointed in the Will or close family members where the Will is. A Will is often placed for safekeeping with the deceased's solicitor or bank and you should make enquiries at these places.
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| Q |
Is there any central register of Wills that I can search? |
| A |
No, there is no register of Wills and you should search the deceased's personal effects and make enquiries of the deceased's solicitor and/or bank.
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| Q |
If there is no Will how is the estate distributed? |
| A |
The estate is distributed in accordance with the Rules of Intestacy which set out how the estate is shared out between various different categories of relative. We will be able to advise you of how this works if you provide us with details of the deceased's family.
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| Q |
If there is no Will is it not necessary to go to Probate? |
| A |
Yes it is necessary to make an application to the Probate Registry in very much the same way as if the deceased had made a Will. In this case, however, instead of obtaining a Grant of Probate in the name of the executors appointed in the Will, an application is made to the Probate Registry to obtain a Grant of Letters of Administration which gives authority to the next of kin to deal with the administration of the estate. In all other ways, the procedure is the same as if someone had left a Will.
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| Q |
I think the deceased's debts are greater than the deceased's assets - is Grant of Probate still required? |
| A |
Yes. A Grant of Probate is still required and the estate needs to be administered and debts paid in the order of priority prescribed by legal rules. Again, we can advise on this complex situation. |
| Q |
Although the deceased's assets exceed the deceased's liabilities, I do not think there is enough money in the estate to pay all the legacies left in the Will - what happens then? |
| A |
In this case the law gives certain priorities according to the type of gift left in the Will and it is important that these rules are followed. Again, we can advise on this complex situation. |
| Q |
As an executor of a Will, do I become liable for the deceased's debts or any other liabilities? |
| A |
No you are not responsible for the deceased's debts except that you have a responsibility to pay them from the assets of the estate. You do not have any personal liability to pay any debts from your own assets. You should however note that if you distribute the estate incorrectly or make any other errors in the administration that you could then be personally liable. This is why we would always recommend that you instruct a solicitor who will then take this responsibility from you and the solicitor will then become responsible for the correct administration of the estate thus protecting you from any liability. |
| Q |
Can you give me fixed quotation for your fees over the telephone? |
| A |
It is usually necessary for us to have more information on a probate case as the amount of work we have to carry out varies enormously according to the number and complexity of the assets making up the deceased's estate. This makes it rather difficult for us to give a binding quotation immediately although we confirm we would be able to do so on the occasion of a first meeting when the details of the estate become known to us. |
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