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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10172
Experience:  Barrister 17 years experience
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My question is about whether probate offers any legal protection

Customer Question

My question is about whether probate offers any legal protection against claims made against the estate after debtors have been paid and the assets distributed; and also protection against fradulent claims on the estate.

My father passed away a few months ago and left a Will which he completed with a solicitors firm. Myself and my aunt, one of the other Executors was advised that we didn't need to apply for Probate as his bank balances appeared to be less than £15K.
My aunt however, has contacted the Law Society and was advised to get Probate as apparently legally it is safer - I'm confused as to what I should do!
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.

Buachaill :

1. There is an obvious advantage in taking out probate in that all claims against the estate disappear once the two year time limit for claims against the estate has expired. This is definitely an advantage as compared with doing nothing and simply relying upon the exemption for low value estates. So you and your aunt just need to ascertain whether there would b eany claims made against your father after his death or whether there are any current claims against his estate. Probate essentially winds up his affairs so far as the law is concerned. So there is an advantage to probate.

JACUSTOMER-6hvnup0e- :

Does that mean that the two year time limit does not apply if we do not obtain probate?

JACUSTOMER-6hvnup0e- :

There are certain debts to be paid - credit card and overpayment of state pension etc but we are not expecting any other claims. My aunt feels that obtaining probate would serve as a back up

JACUSTOMER-6hvnup0e- :

Sorry but I'm not satisfied with the level of detail provided. My follow up question was not answered. I have used this service before and received a much better response.

JACUSTOMER-6hvnup0e- :

I will not be using Just Answer again - very dissatisfied, not good value for money

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