Probate is the process of dealing with the Estate of someone who has died, which generally means clearing their debts and distributing their assets in accordance with their Will.
How much will it cost?
This will vary depending on the size of the estate, the number of beneficiaries and the complexity of the process. However, following an initial consultation, we will provide you with an estimated fee quotation for work expected to be carried out and all outlays involved.
Why do I need to undertake the process of Probate?
The Probate Office must declare or certify that a Will is valid and all financial, tax and legal affairs are in order. The wishes contained within a Will must be carried out, all assets must be gathered, debts and taxes owed by the Estate need to be discharged and the residue of the Estate to be divided amongst those named within the will.
What happens if I don’t have a Will?
The Rules of Intestacy are not flexible and do not take into account what your wishes would have been. After your debts and funeral expenses are discharged, the Rules of Intestacy sets out that your estate is distributed.
Who is entitled to see a Will?
The Executor decides who views the Will – there is no automatic entitlement to see a Will until it is admitted to the Probate Office and becomes a public document, at that stage anyone can apply to see the Will, as it is an instrument of Public Record.
Do I need to make a Will?
It is advisable to make a Will. A Will allows you to choose who inherits your assets. If you do not make a Will the Law will distribute under the Succession Act which may not be how you wish to distribute your assets.
How long does it take to make a Will?
We can prepare your will very promptly and the process would usually commence with a telephone consultation and thereafter an in-office appointment. Thereafter we prepare your Will and you may execute same once you are satisfied with the content.
What is an Executor?
A person who you nominate to distribute your Estate in accordance with your Will and the Law.
What is an Administrator?
A person who is appointed to distribute the estate where no Will has been made. They are generally the deceased’s next of kin.