29 Feb 2024
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Do I need probate if I have power of attorney?

‘Do I need Probate if I have Power of Attorney?’ is a question asked when people are planning their financial future; the answer is yes in most circumstances.

Even if you had Power of Attorney, the requirement for Probate after the person dies is reliant on what the deceased had when they died and not on whether Power of Attorney exists. 

Do I need Probate if I have Power of Attorney?

More than likely, yes. Power of Attorney relates to matters that occur when the person is still living. The Power of Attorney ends when the person dies so the responsibility comes to an end at that point.

After this point, the process of administering the estate of a deceased person falls on the executors named in the Will, if there is one. If not, the closest living relative will assume responsibility. However, to do this they must prove they have the legal authority to conduct this process so they need to go through the Probate process.

A huge help with giving the family guidance and helping us deal with mams estate. Was always available for a call and a lovely team to work with Rebecca and Georgia.



Brilliant from start to finish. Josef was so patient with us throughout the whole process. Would highly recommend.


Can I get Probate without the help of a solicitor?

You can conduct the process yourself, however it may result in complications further down the line. It’s important to get every step of this legal process correct. If you haven’t done it before – most haven’t as it tends to be a unique situation to find yourself in – it can be complex, confusing, and a little daunting.

But by relying on the skill, experience, and diligence of a legal professional, you can give yourself much needed reassurance that matters are being handled in the right way.

Something as important as administering the estate of a loved one, and delivering on their wishes, is not something to be taken lightly.

How can Winns help?

The dedicated team at Winns can help you with arranging Probate, talking you through the steps and timeframes involved, and keeping you informed every step of the way.

We’ve helped clients with a range of Wills, Probate and Trust who have provided outstanding feedback on our client care:

Great service from Rebecca and her team. Very knowledgeable and offered the support and advice needed for our wills.



[Rebecca] is very knowledgeable and is always willing to go the extra mile. We are delighted to have such a high-quality solicitor to fulfil our needs.

Maggi and Michael

When considering questions like ‘do I need Probate if I have Power of Attorney?’ it is advisable to speak to a team of dedicated legal experts, who can discuss your circumstances.

Try our Wills, Probate, and Trust team today; they’re experienced, empathetic, and available for a no-obligation chat about your situation.

Book now

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