Do I Need Probate If There Is a Will? Unpacking the Essentials

A common question in the Probate process is ‘Do I need Probate if there is a Will?’ There’s no singular answer to that, as the response is based on the assets and liabilities contained within the estate.

A valid Will goes a long way to providing vital legal clarity on the distribution of an estate, but to avoid potential conflict and disagreement during the process, it is best to allow a legal professional the chance to look over your circumstances and advise on the next steps.

Understanding Probate

Probate is the responsibility, as dictated by law, to deal with someone’s property, money and possessions, more commonly combined to be known as their Estate, after they die.

If you’re unsure about the need for Probate, get in touch with our team to find out more.

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When is Probate required?

There are many different scenarios when a person dies and leaves an estate. The type of estate, the value of it, and the complexity all throw into question whether Probate is needed.

If you’re considering ‘why do I need Probate?’, the process is traditionally required when:

• A person dies and has assets solely in their name
• A bank account (not a jointly named one) is left with over £30,000 in it
• A pension will pay a lump sum into the prospective estate
• There are shares or investments, or business interests that are relevant.

If you’re still unsure about when probate is needed, give one of our team a call and they’ll be happy to discuss your circumstances.

 

We had been thinking for some time about writing our Wills, because of having dealings with Winn Solicitors before and them being more than helpful. That made us decide to have them deal with our Wills, yet again they were so helpful and understanding - both my husband and I would recommend Winn anytime.

 

Do I Need Probate if There Is a Will?

To best answer this question ‘Do I need Probate if there is a Will?’, we spoke to one of our expert team of advisors in the Wills, Probate and Trust team at Winn Solicitors, Josef Lythe, who explains the scenario and what you should do next.

He said: “Quite often, Executors believe that Probate is always necessary if there is a valid Will; however, this is not always the case.

“Whether or not probate is required is dependent on the assets and liabilities contained within the Estate.

“Very simple Estates that do not contain a property or significant cash in the bank can often be administered fully without the need for the Probate process.

“For example, banks often have a limit of around £50,000 and will close accounts under the limit without the need for Probate.

“Despite this, it is advisable for Probate to be obtained in any event so that the Executor can be formally appointed, and it may also assist in alleviating any potential disputes that might arise.”

 

The service we then received from Alex was really professional but also very friendly and helpful. Alex explained things really clearly and held our hands through the whole process. I feel that we received a first-class service from Alex and Winn. I would highly recommend them.

Matthew

 

Do You Need Probate if Everything is in Joint Names?

When thinking about the Probate process, a common question many ask is ‘do you need Probate if everything is in joint names?’

In terms of legal process, a jointly held asset would be inherited by the sole surviving owner and wouldn’t need legal intervention to ensure that. In this instance, all that would be required is the production of a valid death certificate.

This will then see the institution receiving it transfer the share of the asset to the sole surviving owner.

Examples of joint ownership assets include bank accounts, savings accounts, and properties.

These circumstances and the legal requirements differ when you’re a tenant in common, which isn’t the same as a joint tenant, with the deceased’s share when tenants in common being passed on based on their wishes in a Will or by the rules of intestacy as opposed to being automatically inherited by those they share the asset ownership with. 

What are the common misconceptions?

Assumptions are not the best things to hold most important when handling matters of Wills and Probate. Often based on notional evidence and second-hand information, those assumptions can often be wrong.

Some commonly held misconceptions include:

• Wills are solely for rich people – This isn’t correct. Wills can assist anyone over the age of 18 should they wish to pass anything on to any beneficiaries after they die.
• Your husband/wife/civil partner gets everything automatically – This is true, but have you considered the impact on your children or those from a previous relationship? They’d be entitled to inherit part of the estate.
• If I don’t have a Will, it’s fine because it will go to who I want anyway - This isn’t true, and you wouldn’t be able to control this outcome after your death. The Rules of Intestacy will dictate the process, leaving your estate to beneficiaries you may not have chosen if you had the chance to select.

 

Rebecca Harbron-Gray has been fantastic - as well as using her expertise, she's been sensitive, thorough, understanding and very helpful, going the extra miles in a difficult situation.

Gabriella

 

Why seek legal advice?

The Probate process, if not regularly engaged with, can be a daunting thing. Technical terminology, important processes that, if done improperly, can lead to complications and disputes further down the line, and a knowledge of the importance of the task at hand can all add to a sense of feeling overwhelmed.

That final point – a desire to deliver the wishes of the deceased – is particularly powerful. When dealing with the grief of losing a loved one, the need to fulfil their wishes and ensure they are carried out can be a significant motivating factor. To that end, you wouldn’t want to make mistakes that could add difficulty and complication later on.

It’s perfectly normal to feel that way, and that’s why we’re here to help.

Our dedicated team of experts has decades of experience dealing with matters of Wills, Probate, and Trusts. With a sympathetic, caring, but diligent, approach to your unique circumstances, they are well-placed to advise and provide the best possible guidance.

If you’d rather find out more information first, why not take a look at our dedicated FAQ page, which may answer your questions about Wills and related topics. Then, when you’re ready, give us a call.

Do you need Probate? Call our team now or request a callback by clicking on the button below.

What should you consider when choosing a solicitor?

With so many law firms to choose from, it’s important to make a considered choice and not simply select the first one at the top of a Google search online.

How have other customers reflected on their experience with the company? Compare their review ratings with some of their competitors and you’ll get a flavour for their customer service offering.

Have a no-obligation chat with one of their team and discuss your circumstances and how they can help. Do you feel comfortable with them handling your legal needs?

Once you find the company for you, book a meeting and get the process started.

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FAQs

What is the relationship between Wills and Probate?

A Will states what a person would like to happen to their estate after their death; Probate is the legal validation of the Will document, thus allowing those wishes to be executed by the relevant executor.

Why does a will go through Probate?

A Will traditionally goes through Probate to prove validity and give the named executor the legal power to handle the estate of the deceased as per the instructions of the Will.

Do all Wills go to Probate?

No, not all Wills go to Probate in the UK. If the estate is small in value or assets are jointly owned, then probate may not be necessary. It’s required to gain legal authority to access or transfer assets from the deceased to the beneficiary or beneficiaries. Although each institution will have a different threshold at whereby it will release funds without probate, most will do so under the value of £50,000. It’s important to discuss this with the institution itself so you’re not guessing or assuming.

How does the estate value and composition affect Probate?

The estate value and composition of it have a big effect on Probate and working out the answer to ‘when is Probate needed in the UK?’

The more complex and higher value the estate is, the more likely the need is for Probate. If a house that is solely owned is part of the estate, then that would, in most circumstances, make Probate a must. However, it is a relatively small amount in a single bank account that is due to be inherited by beneficiaries then which may avoid the need for Probate.

Complexity of estate can take on many forms, with multiple properties, business interests, and shares owned by the deceased also needing to be taken into account when considering the estate that is due to be distributed.

What about the role of a Power of Attorney?

Do you need Probate if you have a Power of Attorney? In a word, yes. Power of Attorney provides authority for the named person to manage the affairs of the affected while the individual is still alive; it ends when the person dies.

If you need to administer the estate of the deceased, this is when you have to get Probate.

If you’d like more information about Power of Attorney and how it could help your circumstances now and in the future, click here to be taken to our dedicated page.

What happens if you die without a Will?

If you were to die without a Will, the estate you leave behind is classed as intestate, and as such its administration would fall in line with the Rules of Intestacy. These legal rulings would decide how your estate is distributed and, perhaps most importantly, to whom.

Based on the relationship between the deceased and the beneficiary, those receiving part of an estate are ranked based on their family relationship to the deceased, with a sliding scale applied.

This, of course, generates its own problems as disagreements can arise between potential beneficiaries over who gets what, and arguments can develop if those who may have received something are not entitled to under the Rules of Intestacy.

It doesn’t factor in unique family and personal relationships and doesn’t cater for the wishes of the person who has passed away.

A Will would avoid this potentially confusing scenario and provide much-needed clarity in a time of grief.

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