Wills and Probate
Although a large majority of British people do not have a valid will, the benefits of having such a document cannot be overstated. A valid will carries the assurance that a person’s estate will be divided between beneficiaries of its choice in the manner set out in the will.
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The terms of the will override the so-called “rules of intestacy” which will apply in the absence of a valid will.
Fitz Solicitors write a lot of wills over the course of a year. After an initial meeting with a client to establish clearly its wishes regarding executors (who will be responsible for administering the estate), beneficiaries (who will benefit under the terms of the will) and guardians (where a beneficiary is a young child). We then produce an initial draft will reflecting our understanding of our client’s wishes and request any changes the client may seek after reviewing the first draft document. Once the client is satisfied with the content we will draw up engrossed copies of the will and arrange for the client to sign and for us to witness.
We like to go through the whole process within a week to avoid unnecessary delay and to achieve a successful conclusion.
PROBATE & LETTERS OF ADMINISTRATION
Application for a grant of probate or letters of administration is usually accomplished by sending appropriate forms to the probate registry for the area in which the deceased previously resided.
Where the deceased made a valid will and the document is available, the application to the registry is for grant of probate; where no such will is available after diligent enquiry or simply does not exist, the application to the same registry on the same forms is for grant of letters of administration.
Within 4 to 6 weeks of application, the registry will have notified the applicant of a time, date and county court venue for the applicant to attend for “an interview”. This process involves a meeting with a representative of the probate court during which the applicant swears an oath confirming that factual details in the application previously made, were true to the best of the applicant’s knowledge.
Between 2 to 4 weeks following the interview, the registry will issue the grant and as many certified copies as the applicant has requested with the original application.
Armed with the grant, access to the deceased ‘s assets can be achieved and distribution of the assets to beneficiaries can be effected by the personal representatives of the deceased or by their solicitors.
Fitz Solicitors have a fine pedigree in acting for personal representatives. Once instructed, we obtain grant of probate/letters of administration as quickly as possible, we establish the whereabouts of assets in the deceased’s estate and we carry out the distribution of assets to beneficiaries in a timely manner. We are also judged to be extremely competitive in charging for the delivery of these services.