What happens if there is a will?
In this case, the executors named in the will have the responsibility of applying for a ‘grant of probate’. Up to four executors can apply and any who do not wish to act can either renounce or have their powers reserved.
Executors can agree to act jointly and as such make decisions together. However, this can be rather difficult to manage on a practical basis especially if the executors are busy or live in different parts of the country. A solution could be that the executors agree amongst themselves that one executor is to take a lead role, this is known as acting with power reserved. Alternatively, the executors can decide to act together but appoint a solicitor to provide advice and manage the paperwork on their behalf.
Providing there are no problems with the will and all the steps involved have been successfully completed by the executors then the grant of probate will be issued enabling them to get on and administer the deceased’s estate.
For anything further, one of our specialists would be delighted to meet you either in our office or in your own home to talk through your requirements and answer any questions. Please contact us at any time.