Lawyer Destroyer

Recovering Funeral Costs from the Estate: Yes, funeral costs are recoverable from the estate of the deceased person and they are in fact given high priority in the order of payment. Legal position: Funeral expenses that are reasonable in nature rank as a first-class priority debt of the estate. This means they are paid before … Read more

Funeral costs and the order of payment in an estate administration: Legal position: When a person dies, their estate must be used to pay debts and liabilities in a specific order of priority. Funeral, testamentary, and administration expenses rank first in the statutory order of priority, ahead of all other debts and liabilities. This is … Read more

This is a common concern and the short answer is reassuring: beneficiaries do not inherit the personal debts of the deceased. However, there are some important nuances worth understanding. The general rule: In England and Wales, a deceased person's debts do not pass to their beneficiaries, heirs, or next of kin. The debts belong to … Read more

This is a common and important question. The short answer is that the deceased person's estate pays their debts, not their relatives or family members personally. But there are some important nuances. The general rule: When someone dies, their debts do not simply disappear. The personal representatives, meaning the executors named in the will or … Read more

This is a common and frustrating problem. There are several practical and legal routes available to you depending on the circumstances. Let me walk through them in a sensible order. Understanding the context: Before deciding on a course of action, it helps to clarify a few things. Are you a beneficiary, an executor, or a … Read more

This is a common source of frustration for beneficiaries, and the answer has several layers depending on the circumstances. Legal position: A solicitor acting as executor or as the solicitor instructed by the executors has a duty to administer the estate with due diligence and within a reasonable time. There is no fixed statutory deadline … Read more

Yes, an executor can make interim payments (sometimes called payments on account or interim distributions) to beneficiaries before the estate administration is fully completed. However, there are important considerations and risks involved. Legal basis: An executor has the power to distribute estate assets once they have obtained a grant of probate. There is no strict … Read more

This is a common question and the short answer is that, as a general rule, the estate should not be distributed before a grant of probate (or letters of administration in an intestacy) has been obtained. However, there are some important nuances. General rule: The personal representatives, meaning the executors named in a will or … Read more

Yes, you absolutely can apply for probate yourself without using a solicitor. Many people do so successfully, and the process is designed to be accessible to lay applicants. What probate means in practice: If the deceased left a valid will, you apply for a "grant of probate." If there was no will, the appropriate person … Read more

This is a very common situation and one that causes a lot of frustration for bereaved families, so let me explain why banks do this and what your options may be. Why banks require a grant of probate or letters of administration: When someone dies, their bank accounts are frozen. The bank has a legal … Read more

Whether you need probate for a small estate depends on the value and type of assets involved, and importantly on the requirements of the individual organisations holding those assets. Legal position: There is no single statutory threshold that automatically exempts a small estate from probate. The question is largely a practical one, determined by the … Read more

This is one of the most common questions in estate administration, and the answer is: it depends on the nature and value of the assets involved, not simply on who inherits them. The general principle: Probate (or more precisely, a grant of representation) is the legal authority that allows the personal representatives to deal with … Read more

Whether you need probate when there is a will depends on the nature and value of the assets in the estate. Having a will does not automatically mean you need a grant of probate, and equally it does not mean you can avoid it. What probate actually is: A grant of probate is the court's … Read more

This is a common question and the answer depends on exactly how far into the process you are. There are several different routes, and the right one turns on the stage you have reached. Before a grant of probate has been issued: If you have been named as executor in the will but the grant … Read more

Yes, you can refuse to act as an executor after someone has died. This is known as "renunciation" and it is a well-established right under the law of England and Wales. How renunciation works: You can renounce your right to act as executor by filing a formal document called a Form PA15 (Renunciation of Probate) … Read more

When an executor reserves power, it means that a named executor in a will chooses not to take an active role in administering the estate at the time the grant of probate is applied for, but retains the right to step in and act at a later stage if they wish. How it works in … Read more

This is a question that comes up frequently and the answer is more nuanced than many people expect. The general legal position: Under the law of England and Wales, executors hold the estate jointly. This means that, as a general principle, all proving executors must act together and decisions should be made unanimously. The authority … Read more

This is a common and sometimes very difficult situation. Here is how the law and practice in England and Wales deal with it. The basic legal position: Where a will appoints more than one executor, those executors must generally act jointly and unanimously in administering the estate. No single executor has the right to override … Read more

Yes, an executor can be personally liable for mistakes made in the administration of an estate. This is an important area and one that catches many lay executors off guard. The core principle: An executor is a fiduciary. That means they owe duties of care, honesty, and proper administration to the beneficiaries of the estate. … Read more

Removing an executor in England and Wales is possible but it depends on the circumstances and the stage things have reached. Here is the legal position and the practical options. Legal position: An executor derives their authority from the will itself, not from the court. This means beneficiaries cannot simply vote to remove an executor … Read more