Probate fraud can be committed in different ways and is more common than you might think. Lately, several cases related to Will forgery and probate fraud has come into light in the UK. Therefore, it is vital to understand the legal procedures related to probate so that one can be vigilant and eliminate any chances of probate fraud or Will forgery. This useful guide will answer your important questions about probate and suggest ways to be cautious during the probate process. What Is Probate? When a person passes away, the process that involves the handling and administering of the money or property that they left behind is known as ‘probate’. Probate generally involves the legal and financial actions required to deal with money, property, estate and other assets of the deceased person. In simpler words, probate is the process of dealing with someone’s money, property and wishes after they die. Who Can Carry Out Probate? If the deceased left a Will, they may have specified the designated executor. An executor or executors are expected to “execute” the Will, which means they will share out the estate as specified in the will and deal with any related complication. They are also responsible for carrying out any other final wishes specified in the Will. However, you are not legally obligated to act as the sole executor, even if you are the only executor named in the Will. If there is no Will or no executor named, certain eligible people can apply to be the administrator of the estate. The administrator should be someone who would benefit from the Will, or a blood relative if no Will exists. The administrator largely performs the same tasks that an executor would, although an administrator often has no Will to act upon. How to Find a Will It is estimated that only 30% of people in the UK have a Will, so it is quite possible that the deceased died without one, leaving the estate in a situation known as “intestate”. However, the deceased may well have created one without your knowledge. You should check their paperwork to see if they have a copy of the Will anywhere. If there is no Will to be found among their personal belongings, there is a chance that they may have kept a copy with their solicitor or their bank. There is also a possibility that they may have left a copy with a dedicated Will storage service, or with the Principal Registry of the Family Division. If you see any possibility, you can enquire to the Principal Registry about it. To retrieve the Will from the Principal Registry, you will need to provide proof of death such as the death certificate and you will most likely need to prove that you are the named executor. You would also be required to provide a certificate of deposit for the Will. If you are unable to find it, you will need to write to the Record Keeper at the Principal Registry. A non-executor can also apply to withdraw the Will if no executor is named, but he/she would need permission from a District Judge before they let you be the executor of the Will. Being named as executor or not affects what kind of “Grant of Representation” you will need to continue the probate process. How to Obtain the Grant of Representation? To execute a Will of the deceased, you will usually need to obtain the Grant of Probate or Letters of Administration. The Grant of Representation refers to the grant that you must obtain to carry out the probate process. The kind of grant that you require will depend on your circumstances; this is outlined below: • If you are named executor in the Will – Grant of Probate • If you are the administrator of a Will – Letters of Administration (with Will) • If you are the administrator with no Will – Letters of Administration The Grant of Representation will make it possible for you to access all the deceased’s assets including their bank and building society accounts. Doing so without the Grant of Representation would be difficult, if not impossible. However, the Grant of Representation may not be required if: • The deceased did not have much money in their accounts where a bank or building society may be willing to release the funds without a grant, or; • Their properties, bank or building society accounts or insurance policies were joint-owned by a surviving spouse or a civil partner. In the event of joint-owned accounts, the bank or building society may be willing to transfer sole ownership to the surviving civil partner or spouse if you provide them with the death certificate. However, if they had any sole accounts, you are most likely to need the Grant of Representation. You can obtain the Grant of Probate or Letters of Administration by contacting your local Probate Registry. They would require you to fill out and return Probate Application form PA1. Ideally, this process of acquiring the grant of registration or letter of administration may take 3-5 weeks. However, if there are other complications such as pending inheritance tax or a mistake in filling out a form, obtaining the Grant could take a lot longer. You will also need to contact HMRC to pay any inheritance tax due on the estate. What to Do If There Is No Will
As mentioned above, if there is no will, a blood relative will be required to become an administrator of the estate. In absence of a will, the deceased’s estate will become intestate, meaning that it must be distributed abiding by the strict rules of intestacy. If you are not sure about the proceedings, seek legal assistance or contact a solicitor for advice. How Long Does Probate Take? The probate-tenure depends on how complex the estate is. If there are complicated assets, such as multiple properties, shares, and accounts, it is more likely to take longer than if they had owned a single bank account or had very few assets. It also depends on how much time you and the other representatives can dedicate to it. For instance, if you can take an extended leave from work to deal with probate, you will probably be able to take care of it more quickly. On average, probate takes somewhere between six to nine months to complete. However, other complications can cause the process to take considerably longer, such as someone contesting a will or if the deceased kept vague records of all their assets. In the worst scenario, the process can also take several years to wrap up. Who Could Possibly Commit Probate Fraud?
What are the Warning Signs of a Scam? Here are some things to notice if you are worried about probate fraud: • Abrupt changes to the Will • Unexplained withdrawals from bank accounts made not long before the death of the testator • The transfer of large sums of money or property • The disappearance of valuable items • The inclusion of someone else’s name on a bank account • A relative or friend who manages the person’s finances but leaves bills unpaid. You should analyse any evidence you come across and consider it prudently, rather than simply accepting it without a question. It is also important to be discreet when following up vague suspicions, and not to accuse anyone of fraud without enough evidence to back it up. Most probate matters are dealt with honesty. Sometimes there are perfectly rational explanations for things appearing to be suspicious, as well as simple, genuine human mistakes. What to Do If You Suspect Fraud • Obtain copies of all previous Wills • Obtain copies of the Will notes • Find out who witnessed the Will, and consider whether statements can be taken from these people • Determine if the Will was explained properly to the deceased • Discover where the Will was executed • Find details of the deceased’s physician/care home/ hospital and acquire medical records from them • Attain a copy of the Will of the deceased’s spouse/civil partner if applicable. One of the best methods to notice any fraud is to simply follow your instinct. If something doesn’t seem correct to you, explore it further. You can stay vigilant to avoid probate frauds by taking the above-mentioned warning signs into consideration. The process of probate can be complicated and as an executor or administrator, you would be liable for any mistake. So, it is best to contact a probate lawyer for assistance. The Probate lawyers would assist you in tackling any complications and guide you through the legal procedures to complete the probate successfully. Tollers Solicitors cover personal injury claims and Will Probate cases, so whatever your claim, whether you are looking for Serious Brain Injury Compensation Lawyers or Care Home Abuse Solicitors, there is help out there.
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