Legal Responsibilities

Wills & Probate

If there is a will:

  • ◆ The executor/executrix named in a Will, is responsible for administering the estate of the deceased. This means complying with the terms of the will to make sure the Named Beneficiaries receive their entitlement.
  • ◆ The Will may give instructions concerning the funeral arrangements but the Executor/Executrix is not bound by this.

Probate

This is required by obtaining “Proof “of a will and totaling the estate of the deceased and submitting these documented figures to the Probate Office to obtain Grant of Probate. Normally carried out by a solicitor on your behalf.

Letters of Administration

  • ◆ If there is no Will, the deceased’s personal representative/s should apply for Letters of Administration.
  • ◆ This applied for in the same way as a Grant of Probate.
  • ◆ A Solicitor may be needed to deal with some, or all aspects of the deceased’s estate.

Power Of Attorney

Upon the death of a loved one the Power Of Attorney’s responsibilities cease and the responsibility then lies within the executor/ Executrix named in the will, providing there is one.

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