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Probate – Do I need a Grant of Probate?

Probate – Do I need a Grant of Probate?

A Grant of Probate enables Executors to prove they have the authority to deal with the assets of a Deceased person, allowing them to collect monies due to the estate and distribute the same in accordance with the Will.

However it is a misconception that a Grant is required every time. There are three situations where a Grant will not be needed.

Firstly where the value of the estate does not exceed £5000 and that money is held in a National Savings Bank and Trustee Savings Bank, National Savings Certificates and Premium Bonds and money in building societies.

Secondly where there is movable property such as furniture, jewellery, clothes and paintings etc. These can be sold without a Grant.

Finally where an Executor finds any cash belonging to the deceased they can take that without having to prove their entitlement via a Grant.

It is also worth noting that all jointly owned assets will pass automatically to the surviving joint owner and therefore a Grant is irrelevant in relation to these assets.

Taking expert advice at an early stage in your matter will ensure that you do not waste unnecessary time and money applying for a Grant when it is not actually required.

The expert team of Probate Lawyers at Josiah Hincks can assist you in relating to all matters associated with probate, at all of our five offices across Leicester and Leicestershire.

Natalie Biggin