When a person dies, probate is the process of administering their estate by organising their assets, money and possessions and then distributing them as per the terms of a will or in line with the rules of intestacy. To be able to start probate, an executor (the person who takes legal responsibility for carrying out the instructions of a will) […]
What happens if I do not apply for probate?
What to do if an executor is not taking steps to administer an estate
After a death, the estate’s executor or administrator has the job of winding up the deceased’s affairs. We take a look at what happens if they fail to carry out their role. The task of administering an estate can be time-consuming and is often complex. Where an executor or administrator is not coping with the job or is simply not […]
Personal risks in being an executor
The executor to an estate has the job of winding up someone’s affairs after their death. It is a job that involves both responsibility and personal financial risk. After someone has died, their executor, named in their Will, has the role of administering their estate and ensuring that the beneficiaries receive everything to which they are entitled. It is important […]
Lasting Powers of Attorney – Frequently Asked Questions
A Lasting Power of Attorney or LPA is a legal document giving authority to a trusted person to make decisions on your behalf, should you ever become unable to do this yourself. We answer some of the most frequently asked questions concerning making and using LPAs. What is a Lasting Power of Attorney? A Lasting Power of Attorney appoints someone […]
When do banks ask for a Grant of Probate?
After a death, an estate executor or administrator is responsible for winding up the deceased’s affairs. This may include obtaining a Grant of Probate. We take a look at when banks will ask for a grant before releasing funds. In some situations, it is not necessary to obtain a Grant of Probate after someone dies. This includes when the deceased […]
Update on Probate Registry Delays
During the course of the pandemic, there has been a considerable backlog of probate applications at the Probate Registry. This backlog was actually an exacerbation of a situation that has been ongoing since 2017. The reasons are not that simple to explain. Staff shortages at the Probate Registry and other complications during the pandemic are understandable, but these should have […]
Who is Your Next of Kin?
Most people tend to think that the term “next of kin” means someone closest to them in their family – their spouse or civil partner, parent, child or other relative. Legally, however, this may not always be the case. This apparent contradiction is the subject of this blog. When is your next of kin of automatic significance? If you haven’t […]
An Introduction To We Pay Funeral Fees
We Pay Funeral Fees is a service provided Curtis Legal Ltd where we provide families with a simple, interest free & transparent service which allows them to pay for the funeral of their loved one. The Process Our specialist advisor will explain everything in simple terms and will confirm immediately if the estate is eligible to have the funeral fees […]
What Could Happen to Your Assets if Your Lose Your Life to COVID-19 Without a Will?
Most of us have already had our lives dominated by the incessant news about the global COVID-19 pandemic, but there are a number of deaths that have without reasonable notice inflicted families. After all, no one really thought a virus allegedly derived from bats could do so much damage to the human population. But it has and swiftly too. One […]
Can I Sell the Deceased’s Property to Pay Inheritance Tax?
Paying Inheritance tax (IHT) is not always a straightforward matter, particularly if the amount due is more than you, the executor, have available to pay. If the estate left in the will is more than £325,000, then 40% of any amount over this threshold will need to be paid to HMRC. It doesn’t matter whether the estate is property only, […]
Storing Your Will So It Can Be Found
Often, when a will is written, the last thing the person whose will it is wants is relatives or potential beneficiaries to shuffle through draws and cupboards looking for a piece of paper which will tell them whether they are a beneficiary or not. However, you might think you should conceal it away from prying eyes, but you do not […]
Choosing an Executor to Administer Your Will
The person who sorts out your property when you die and carries out the instructions in your Will is called your executor. It is preferable that you appoint an executor in your Will as it makes it easier to finalise your Will after you die. There are no restrictions on who you choose to do the job, but it is […]