16 Nov 2023
  • Signing a legal document

Is probate required if there is a valid Will?

A common question in the Probate process is ‘Is Probate required if there is a valid 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.

What is 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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Is the Probate process required if there is a valid Will?

To best answer this question, 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.”

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.

Needing support with matters of Probate? Call our team now or request a callback by clicking on the button below.

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