Nov 19

Common Terminologies That All Wills Solicitors Go By

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Common Terminologies That All Wills Solicitors Go By

There is a lot of confusion revolving around the whole idea of leaving behind an estate for worthy beneficiaries. The following text is aimed at clarifying some of them.

What happens if the person who has died leaves behind a will?

If a person who has just died leaves a behind a will, he/she will have named one or more people are the executors of that will. An executor may be one of the expert wills solicitors(ideal), or it can be someone from the family (problematic). The executor’s duty is to administer the estate as per the preferences mentioned in the will. If someone has been named as executor, he will have to apply for a grant

 of probate.

The grant of probate is another document that is issued by the probate registry. This document allows the executor to administer the estate in the eyes of law.

What happens if there is no Will?

There are certain rules that apply to the distribution of an estate if there is no well-defined and undisputed will. These rules are referred to as “the laws of intestacy”. It is important to mention the word “undisputed” as a disputed or controversial will is usually ignored and these laws come into place. It is however advised to work up a will in your lifetime, as the laws of intestacy often lead to complications and delays in the distribution process. In such scenarios the person in charge of distributing the estate is known as administrator. Like the executor he/she can be among the Wills Solicitors who specialise in these matters or someone from the deceased person’s family. Unlike the executor, the administrator will have to apply for a letters of administration. These documents serve a similar purpose as the grants of probate.

Who are Personal representatives?

This is another term used for either an executor or administrator. There can be more than one Personal representatives and it is important that they work together rather than against. Disagreements among personal representatives can cause unnecessary delays.

Grants of representation

This is another term for either:-

  • Grants of probate.

Or

  • Letters of administration.

This includes grants of probate (when there is a will) and grants of letters of administration (when there is no will). It is important to research these topics on your own; however the experience of wills solicitors should not be overlooked. Be sure to get in touch with one before moving on with the process.

Summary:-

There is a lot of confusion revolving around the whole idea of leaving behind an estate for worthy beneficiaries. The following text is aimed at clarifying some of them.