I’ve made a Will so my family don’t have to go to Probate
As a lawyer dealing with Wills and Probate this is a statement I’ve heard many times.
However, whether a Grant of Probate is required doesn’t depend on whether you’ve made a Will or not.
I’ve made a Will so my family don’t have to go to Probate. As a lawyer dealing with Wills and Probate this is a statement I’ve heard many times. However, whether a Grant of Probate is required doesn’t depend on whether you’ve made a Will or not. A Grant of Probate is needed if you own a property of any value or if you have money held with any institution over the limit that organisation has set for requiring a grant, at the date of your death. This limit varies from bank to bank, for instance at present the limit set by Lloyds Bank Plc is £50,000 but the Post Office requires a grant for anything over £10,000. The purpose of the grant is to assure the person or organisation who is releasing money or making changes to the title of a property that they are dealing with the person who has the authority to administer the estate. I was recently asked “well if that’s the case why have I bothered to make a Will?” The reason for making a Will is to ensure that your estate passes to the people that you want it to go to. Without a Will there is a prescribed order to who inherits and that might not fit your family circumstances. With higher numbers of blended families than ever before, it can be vital to have a Will if you want step-children or step-grandchildren to inherit on your death as they will not do so under the set rules. Other reasons for making a Will are to say who should administer your estate (your executors) or who should look after your children if you die before they are 18 (guardians). It might be that you want different people to act in these two roles but that you want them to work together to ensure that your children are cared for in the way you would have done. Making a Will is never a waste of time even if a Grant of Probate still has to be applied for after your death. While applying for Probate can sometimes be a time-consuming job it should be remembered that it usually means you have left something of value to those you have remembered in your Will. If you’d like to talk to us about making your Will or applying for a Grant of Probate contact either Cath Collins or Kieren Cross on 01945 898090 or via email This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it.
