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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10409
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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If a person leaves a will and names an executor who is also

Customer Question

If a person leaves a will and names an executor who is also the only beneficiary, does that executor need to apply for a grant of probate?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
It all depends on the value of the Estate. If the Estate is valued at more than £5,000 the majority of Banks etc will ask the Executor/beneficiary to obtain Probate before they will close the account and hand over the necessary monies to him.
Likewise, if there is a Property in the Estate, before it can be registered in the beneficiary's name or before any Sale, the Executor will need to obtain Probate to meet the Land Registry's requirements.
If there is no property and the value of the Estate is between £5-10,000, sometimes the Banks and other institutions MAY allow the Executor to deal with the Estate without requiring to see the Probate, but all Banks and other institutions have different policies, so the Executor would just need to check their requirements.
I hope this assists and answers your question.
Kind Regards
AL
Customer: replied 2 years ago.
If I as the deceased,s wife, in his will as executor and sole beneficiary do I need probate, that is :- generally and for the purposes of land registry ( I.e. Deeds of house) in order that should I wish, I could sell the property? We were joint owners with 50per cent each.
Expert:  Aston Lawyer replied 2 years ago.
Hi Marie,
Thanks for your reply.
If the property is in joint names and held by you as Joint Tenants, you would not need Probate to change the Deeds into your sole name- you would just need to send your husband's death certificate to the Land Registry.
As regards ***** ***** Bank accounts- again, all you would need to do is provide the Bank with your Husband's death certificate and they will then change the account into your sole name.
Probate is therefore only required if your Husband held a Bank account/investments in his sole name and the total value of these monies is over £5-10,000, as discussed in my original post.
I hope this clarifies matters for you.
Kind Regards
AL
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10409
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you so much for your help. As you can imagine at present everything is pretty confused and everyone is giving me 'conflicting advice' I'm glad I asked and had you reply . I will certainly contact you again and ask for you personally should I need more help.
Expert:  Aston Lawyer replied 2 years ago.

Thanks Marie,

I hope it goes OK for you.

Best Wishes
AL

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