Probate & Wills

What does it all mean

A will is a document drawn up before death outlining your intentions when it comes to the distribution of assets you leave behind your funeral arrangements and beneficiaries.

Probate on   the other hand is the permission to exercise your intentions after death, it is normal for a will to contain the details of the executors who will oversee your wishes after death, they will need to obtain a 'Grand of Probate' from the courts to carry out their duties.

Why make a Will

A will says how your funeral should be dealt with, what will happen to your possession and assets when you die. If you die without making a will ("dying intestate") it can be complicated working out who will get what.

What is a valid Will

For a person's will to be valid they must be

• mentally capable
• at least 18 years old

The will must

• have been made without undue influence
• be in writing
• be signed by the person whose will it is and two witnesses
• signed and witnessed all at the same time.
• the witnesses should not be people who are named in the will
• the witnesses should not be the spouse, i.e. husband or wife of the person.

What are Executors?

Executors are people named in the will who will carry out the administration of the estate i.e. ensuring that people receive legacies that they are entitled to, debtors are paid etc. An executor can be a person known to the person who made the will (i.e. family, friend etc) or a solicitor.

Upon death the executors will need to apply to the probate registry for a 'Grant of Probate'.  The grant is a legal document which confirms that the executor has the authority to deal with the deceased person's assets 

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