PAT COOK FUNERAL SERVICES

LEGAL SUPPORT

First Steps – Is there a Will?
A Will is a document that sets out who is to deal with the winding up of the deceased's affairs (called the Executor) and states who is to receive the deceased's money and property. Importantly, the Will may contain specific requests by the deceased about the arrangements to be made for their funeral so it is advisable to obtain access to the Will before finalising the arrangements with the funeral director. The Will is normally kept in a safe place. If a solicitor has made the Will they will often hold the original document.

What if there is no Will?
If a person dies without making a Will their assets will be distributed in accordance with the law of intestacy. The people entitled to benefit will depend on whether the deceased was married or not, had children or other dependants and upon the size of the estate. The Intestacy Rules also specify who is responsible for dealing with the administration of the estate. If there is no Will it is important to take legal advice to confirm your legal position before you proceed.
 

Next Steps – Dealing with the Estate
When someone dies leaving property, money or possessions it is usually necessary to apply for probate before these assets can be accessed by the Executor and distributed in accordance with the terms of the Will or the Intestacy Rules. “Probate” is a generic term used for the official document issued by the Probate Registry to confirm that the Executor (or Administrator under the Intestacy Rules) has the authority to deal with the deceased's assets. If there is a Will it is called the „Grant of Probate. If the deceased did not make a Will it is called the „Grant of Letters of Administration.
The Executor or Administrator can apply personally for the Grant at the Probate Registry but the administration of an estate can be complex and time-consuming to deal with, particularly if the estate contains a lot of different assets, debts, is subject to inheritance tax, or if there are potential difficulties within the family. It is sensible to take legal advice before starting the process and you may decide to appoint a solicitor who can help you with the legal burden.
 

How can we help?
Whether you are an Executor or next of kin; whether you require some simple advice to enable you to start the process yourself or someone to deal with all aspects of the administration, we can provide sensitive, practical help and guidance to you.
Taking advice from a solicitor needn't be an expensive business and we are happy to discuss fees with you before we start any work. We guarantee that there will be no hidden charges and often we can give a fixed price for work to be undertaken on your behalf.
For more information on obtaining probate, how to make your own Will or for enquiries contact us www.mckinnells.co.uk