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Guide to Making a Will
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Activating a Will and Applying for Probate

The responsibility of fulfilling the Will is that of the named Executors. It is not essential for a solicitor to be involved but more complex estates may benefit from professional advice and guidance.

Examples of this would be:

  • dependent children who are to receive money which is to be held in trust,
  • if there is anyone who intends contesting the Will,
  • if property included in the estate is abroad.

If a person is named as Executor and does not wish to act it is possible to pass on this duty. In the event of this happening a form (PA1) needs to be completed and the duty can then be passed to another person. There are clear rules which must be followed by the Executors to fulfill their legal responsibilities:

Regardless of the size of the estate, all deaths need to be reported to HM Revenue and Customs (HMRC) this is in case Inheritance Tax is payable.
  • Apply for probate if required. This is a legal document which authorises the will as valid and allows the Executor rights to access money, property and other valuable items owned by the deceased. This is usually required for estates which exceed £5000. For estates which fall below this value, the financial institutions involved will require some other form of documentation from the executors as proof of death.
  • Gather all Financial documentation of the deceased.
  • Request statements from all financial institutions which has money involved in the estate.
  • Put all accounts on 'hold' until further notice. This prevents anyone intervening unlawfully.
  • Open an account ready to receive money from the deceased estate.
  • Prepare a detailed account of all money and valuables which are included in the deceased estate.
  • When Probate has been issued, a copy of the will is then available to the copy if requested. It is at this time that all money and valuables should be gathered.
  • Pay off all debts, including taxes, funeral expenses, inheritance tax and mortgages.
  • Share the estate as instructed by will.

PDF GuidesDownload the Will PDF Guide here - see our other free PDF guides here

Guide Contents

What is a Will?
Making your Last Will
Activating a Will and applying for probate
Dying in Intestate
FAQ's
More help and information about Wills

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