Probate

In this world nothing can be said to be certain, except death and taxes.

Benjamin Franklin

When someone dies with a Will the only person who can apply for a grant of probate is the Executor named in the Will. The Will gives the Executor authority to deal with the deceased’s assets and liabilities from date of death but, in the majority of cases, the Executor will need to confirm his title and this is called proving the Will.

This is done by way of an application by the Executor personally or through a solicitor or probate practitioner. The application involves completing the appropriate inheritance tax form or account with details of the assets and liabilities of the deceased and sending this, along with the Will (and any Codicil), the executor’s oath and a fee to the Probate Registry.

If all is in order the Registry issue the grant of probate and the Executor can then proceed to deal with administering the estate. Most organisations will not pay out to an Executor until they have seen the grant of probate as they need to be quite certain that they are paying out to the right person!