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  • FIRST POST
    • MSE Sam M
    • By MSE Sam M 8th Jun 17, 12:24 PM
    • 227Posts
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    MSE Sam M
    Guide discussion: Probate: How to do it yourself
    • #1
    • 8th Jun 17, 12:24 PM
    Guide discussion: Probate: How to do it yourself 8th Jun 17 at 12:24 PM

    Click reply below to discuss. If you havenít already, join the forum to reply. If you arenít sure how it all works, read our New to Forum? Intro Guide.
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    • getmore4less
    • By getmore4less 8th Jun 17, 3:06 PM
    • 28,750 Posts
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    getmore4less
    • #2
    • 8th Jun 17, 3:06 PM
    • #2
    • 8th Jun 17, 3:06 PM
    it might have been a good idea to pass this by someone first it has the basics wrong from the start.....
    What is probate?

    Probate is the process of sorting out somebody's estate - their property, money, and possessions - after they've died. The process is the same for everyone in England, Wales and Northern Ireland, but if you live in Scotland it's called 'confirmation'.
    Needs re writing.

    Probate is ONLY when there is a will and the named executors take on the job.
    • SevenOfNine
    • By SevenOfNine 9th Jun 17, 11:58 AM
    • 1,062 Posts
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    SevenOfNine
    • #3
    • 9th Jun 17, 11:58 AM
    • #3
    • 9th Jun 17, 11:58 AM
    Good point, but to be fair the next paragraph starts with "If you've been named as the 'executor' in a will"

    Perhaps it should also cover obtaining the Grant for an intestate estate.
    Seen it all, done it all, can't remember most of it.
    • Brighty
    • By Brighty 9th Jun 17, 12:42 PM
    • 616 Posts
    • 306 Thanks
    Brighty
    • #4
    • 9th Jun 17, 12:42 PM
    • #4
    • 9th Jun 17, 12:42 PM
    Good point, but to be fair the next paragraph starts with "If you've been named as the 'executor' in a will"

    Perhaps it should also cover obtaining the Grant for an intestate estate.
    Originally posted by SevenOfNine
    That's called 'letters of administration', not a grant. Also, if there's a will but someone other than a named executor acts on it, it's also not a grant of probate, but 'letters of administration with will annexed'
    • SevenOfNine
    • By SevenOfNine 9th Jun 17, 2:15 PM
    • 1,062 Posts
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    SevenOfNine
    • #5
    • 9th Jun 17, 2:15 PM
    • #5
    • 9th Jun 17, 2:15 PM
    You might have to tell the Probate Office that then.

    As I sit here & look at an intestate one issued in 2016 it states:

    COPIES OF THE GRANT ARE NOT VALID UNLESS THEY BEAR THE IMPRESSED SEAL OF THE COURT

    IN THE HIGH COURT OF JUSTICE
    The District Probate Registry at Oxford

    All additional paperwork that came with it refers to it as Grant of Representation, hence I correctly use the word Grant.

    It may commonly be known (or known formally in the past) as Letters of Administration (& I've called it that myself on occasion), that is nowhere to be found on the actual Grant.

    If you have one Brighty, take a look at it. Or check out the government website here https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will
    Last edited by SevenOfNine; 09-06-2017 at 2:17 PM.
    Seen it all, done it all, can't remember most of it.
    • getmore4less
    • By getmore4less 10th Jun 17, 8:37 AM
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    getmore4less
    • #6
    • 10th Jun 17, 8:37 AM
    • #6
    • 10th Jun 17, 8:37 AM
    They are all "grants"

    The correct term and document that is issued is "Grant of representation"

    That covers both the common uses

    "Grant of probate"
    and
    "Grant of letters of administration"

    which often get abbreviated, to "Probate" and "Letters of administration".

    Then the term "Probate" is commonly used to cover the the process of administering any estate.

    Any guide should start with the basics and explain that the term Probate is being used in a broad generic sense to mean estate administration.
    • Crabapple
    • By Crabapple 10th Jun 17, 9:23 AM
    • 1,495 Posts
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    Crabapple
    • #7
    • 10th Jun 17, 9:23 AM
    • #7
    • 10th Jun 17, 9:23 AM
    Have to agree that just using the term 'probate' like it is at the start of the guide is not clear at all.

    Where there is mention of getting a grant on intestacy it says 'anyone' can apply but should make clear there is an order of entitlement and that you have to explain that there isn't a closer relative or why they are not applying.

    Final thought is about solicitors costs. Why not say to get quotes from different firms? You can also pay for as little or much help as you need so for example doing it yourself need not mean you can't take advice on a specific issue or them to deal with part of the admin.
    Daughter born January 2012 Son born February 2014

    Slimming World ~ trying to get back on the wagon...
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