Is Probate Needed?

Probate is required if:

  • Property is held in the sole name of the deceased or as tenants in common
  • The deceased had assets in financial institutions worth at least £5,000
  • Those financial institutions request a Grant of Probate before releasing any funds
  • The deceased benefited from a trust during their lifetime

Whenever someone dies, a personal representative (PR) needs to deal with that individual’s estate (their money, property and possessions).

Certain legal requirements govern who can be the personal representative – a role appointed by court order and outlined in a document known as the Grant of Representation, which gives one or more people the legal authority to act as PRs.

PRs (including relatives, professionals, or other entities) are appointed by the Will or – where no Will exists – by the Probate Service.

A professional PR appointed by Will can be expensive for the beneficiaries. Noël de Spéville Solicitor is often able to help you reduce those costs.