Published on: 22nd February 2021

Probate myths

There are a number of myths surrounding Probate which can often lead to great confusion when it comes to Estate Administration. In this article, we aim to dispel some of these Probate myths, simplifying a complex topic where we can.

So what are the most common Probate myths we have seen?

Probate is required for EVERY estate

The biggest myth we see in regards to Probate is that people think Probate is required for every Estate. This is not actually the case and there are some instances where an uncomplicated set of circumstances can lead to a very simple Estate Administration process where the only asset that needs to be dealt with is Bank Accounts. In this circumstance, if the deceased is under the threshold of the bank imposed limit, the executor could walk into the bank of the deceased with a copy of their death certificate, ID and the attested (signed and witnessed) Will to show they are the executor, and withdraw any remaining money and close the bank account. In this instance, a Grant of Probate is not needed. However, a Grant of Probate is generally required for most estates.

Grant of Probate is a more commonly used phrase for the Estate Administration process

Many will also wrongly believe that ‘Grant of Probate’ is just another word for the Estate Administration process when in fact the Grant of Probate is only a small (but fundamental and very important) part of the Estate Administration process.

You can find out more about the whole Estate Administration process and who you should get to administer your Estate here.

That anything other than the original Will document can be used to obtain a Grant of Probate

Contrary to popular belief, you can use a scanned copy of a Will to obtain a Grant of Probate. However, this is far from ideal, and a scanned copy of a Will can lead to more uncertainty over validity which often means the Estate Administration process takes longer. We would therefore always recommend storing your Will in a safe and secure location, as we do for our Clients. We also offer a free of charge attestation checking service on the rare occasion that Clients do not wish us to store their Wills for them.

That a Will is final

A Will can be challenged which can lead to a lengthy Estate Administration process, or the assets of an Estate not being distributed as the deceased would have wished.

Here are some tips to make sure the Will you have in place is valid:

• Make sure your witnesses use the same colour pen – something as small as a different colour could arouse suspicion.
• Make your executors aware where your most recent Will is stored – and make sure it is stored securely. If the most recent Will cannot be found, this can lead to a number of problems which you can read about here.
• Engage a professional.
• Create your Will whilst you have mental capacity.
• Regularly review your Will to make sure it covers your changing personal circumstances. Here at Casey & Associates we offer a free, no obligation three yearly review to all our Clients, and we would urge anyone who has not reviewed their Will for longer than that to do so.

All Probate providers are the same

All Probate providers are most certainly not the same, but it can be difficult to tell when finding someone to administer an Estate in a panic. Make sure you are getting like for like quotes as service offerings can differ dramatically.

As an example, some providers will simply do the application for the Grant of Probate and leave all liability solely with the executors without offering any further advice. In contrast to that, here at Casey & Associates, we offer a full Estate Administration service, corresponding with financial institutions and government departments, as well as distributing funds to beneficiaries.

We hope this has been a useful article in dispelling Probate myths. If you have any questions about the Probate process, or want a review to make sure your Estate Planning is in order then get in touch with our friendly and helpful team.

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Our Covid-19 policy is now that if you wish to give instructions or require general information about our Wills, Lasting Powers of Attorney or Trusts then we will carry out a telephone or Zoom appointment. However, if you wish to give instructions to one of our Consultants and you feel that you can only do this at a Face to Face meeting we are offering, at our Consultant’s discretion, a limited number of Face to Face appointments in most of the areas we normally cover (subject to Government advice). To see the areas we normally cover please click here. To arrange an appointment please telephone 01732 868190 or click here.

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