When a person dies, the assets that they have accumulated throughout their lives need to be dealt with.
- If there is a Will present, it will set out what is to happen to those assets.
- If there is no Will , the law determines how the assets are divided.
There needs to be authority given to somebody to deal with the estate of the dead person. You cannot just start making estate distributions before applying to the Court to do so.
If there is a Will, the person who has been given the authority to deal with the estate is the executor. The person will need to apply to Court for a Grant of Probate.
If there is no Will, the person who has authority is usually the next of kin; for example, the spouse, would have to apply in Court for the letters of Administration.
The legal outcome of either one is largely the same, granting a person the right to deal with a deceased person’s assets.
Obtaining a Grant of Probate is not is not as straightforward as it sounds. There are strict rules, forms, as well as Court applications to follow. GJC Law`s estate law team can assist you in obtaining a Grant of Probate or Letters of Administration.
Our costs are very competitive and we offer a fixed-price, expedited probate service to put your mind at ease.
Contact us to discuss your estate matter with a member of our estate law legal team. Please refer to our related page on the administration of estates for more information on the scope of work we can help you with.