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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am applying Grant of Probate to administer the estate

Customer Question

I am applying for a Grant of Probate to administer the estate of my Mother. However since the will was written grandchildren have been born - some of whom are under 18.
Can I still get the Grant of Probate, and make a trust for these grandchildren or employ a solicitor to make a trust for them?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Could you confirm what your Mother's Will say as regards ***** ***** receiving a legacy?
I look forward to hearing from you.
Al
Customer: replied 1 year ago.
My Mother had 11grandchildren and great grandchildren, 6 of whom are over the age of 18. Those born when the will was written are to receive £7,500. Then it was written in the will - should any further children and grand children be born before my death, they shall be treated in a like manner. So the 5 now under the age of 18 should each receive the same amount of money.
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Thanks for your reply.
Sorry- one more question. Are you the only Executor named in the Will?
Kind Regards
Al
Customer: replied 1 year ago.
No, not the only one, my two brothers are also named, but are happy for me to apply for probate, and have their power reserved. Regards, Glenys.
Expert:  Aston Lawyer replied 1 year ago.
Hi Glenys,
Thanks.
As there are minor beneficiaries, it will be necessary for at least 2 of you to apply for Probateas you both (or all 3 of you) will have to become "Trustees" of the monies which will ned to be invested for the minors.
Once you have obtained Probate, you will owe a duty to the minor beneficiaries to invest their entitlement in an investment which is safe but also grows. You can either seek advice from a Solicitor(who will recommend a financial advisor to you) or you can approach a financial advisor directly. With investments nowadays, it may just be recommended that you invest in a Building Society account. Whichever you decide on, the acoc**t will need to be opened in the name of you and the other Executor, in a Trustees account. You are not permitted to open the account merely in the name of the beneficiary, as you will be under a duty to hold the account until each child reaches 18.
I hope this assists and sets out the legal position.
If I have helped, I would be grateful if you could rate my answer.
Kind Regards
Al
Customer: replied 1 year ago.
Thank you for that information. Would it be at all possible for a parent of the children to become a trustee?, Simply because we executors are 70 plus and the youngest child is almost 3!
Expert:  Aston Lawyer replied 1 year ago.
Hi,
You could "renounce" Probate (ie give up your positions as Executors/Trustees) and the Court can appoint 2 other people to act (who could be the parents of one or more of the beneficiaries). You should speak to a local Wills Solciitor to assist you in preparing the necessary application for you if you go down this route.
Hope this helps.
Kind Regards
Al
Aston Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Al, I think we will avoid that one. Many thanks for your help and prompt replies.
Regards Glenys.
Expert:  Aston Lawyer replied 1 year ago.
Thanks Glenys, you're welcome!
If I have helped, I would be grateful if you could rate my answer, so I get credited for my time.
Kind Regards
Al