Probate Solicitors

Whether probate is required depends largely on the nature and size of the deceased’s estate. Generally, probate is necessary if the person who passed away owned significant assets, such as property or substantial bank accounts, in their sole name. It gives the executor or administrator the legal authority to access and manage these assets according to the Will or, if there is no Will, under intestacy rules.

When Probate is usually needed:

• If the deceased owned property or land in their sole name, probate is typically required to transfer or sell the property.
• If they had high-value bank accounts or investments. Banks and financial institutions may request probate before releasing funds if the balances exceed certain limits, which can vary by institution.
• If there is a business or shares solely in the deceased's name.

Having a power of attorney (POA) does not eliminate your need for probate. Power of attorney grants authority to act on someone’s behalf while they are alive, but it becomes void upon their death. Probate is a separate legal process that deals with administering and distributing a deceased person’s estate.

If your husband only had assets solely in his name (e.g., individual bank accounts, investments, or property) and financial assets, then you would likely need to apply for probate.

However if your assets are held jointly, like joint bank accounts or property as joint tenants, as these typically pass directly to you, or if your estate is small, some banks may release funds without probate, depending on their policies.

Yes, probate fees can be paid from the estate. The executor typically covers the application fee initially and is then reimbursed from the estate funds. To manage these transactions, the executor will need to set up an estate bank account, sometimes referred to as an "executor's account." This account allows the executor to handle estate expenses, such as probate fees and any outstanding debts, in an organised and transparent manner.

Contentious probate or contented probate refers to disputes during the probate process, often involving disagreements over a Will’s validity, the executor’s actions, or inheritance claims by family members. Common issues include questions of mental capacity, undue influence, unfair distribution, or unclear Will wording.

Contentious probate can delay the process of distributing the estate's assets, and probate solicitors can help resolve these disputes through legal advice or, if needed, court intervention.