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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25425
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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How do I dress with the probate matter?

Resolved Question:

How do I dress with the probate matter?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I kindly clarify your question please? Do you mean how do you dress for a probate interview or how do you apply for probate?
Customer: replied 2 years ago.

1-how do I apply for one?

2- how find out if one exists?

Expert:  Joshua replied 2 years ago.
May I ask who you wsh to apply for probate for?Did tey leave a will and if so were you appointed executor of the will?
Customer: replied 2 years ago.

Our parents if there is not one. There is a will. Iam not an executor of the will.

Expert:  Joshua replied 2 years ago.
Thank you. If your parents left a will then it will be the executor(s) that have the right to apply for probate. If the executor(s) do not wish to apply for probate then you will have a right to apply instead. Do you know if the executor(s) do not wish to apply for probate?
Customer: replied 2 years ago.

Yes the executors do not wish to apply for a probate.

Expert:  Joshua replied 2 years ago.
Thank you. In order to ascertain if there is already a grant of probate (though I suspect there would not be if the executors did not apply for it themselves) is to apply for a standing search of the probate register. This can be applied for using the following form and costs £10:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=739 If you wish to apply for probate you will first have to obtain deeds of renunciation from the executor(s) under the will. Having done this you can apply using the followig procedure:Complete Probate application form PA1, here:-http://hmctsformfinder.justice.gov.uk/courtfinder/forms/pa001-eng.pdfThere are some guidance notes here:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/pa001a-eng.pdfYou will also need to obtain valuations for your parents assets and complete the following form:https://www.gov.uk/government/publications/inheritance-tax-return-of-estate-information-iht205-2011Finally you will need to contact your local probate registry to attend a probate interview before probate can be granted. If you have any siblings they will also have a right to act alongside you if they wish.You can find your nearest probate registry using the following link:https://courttribunalfinder.service.gov.uk/search/I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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Customer: replied 2 years ago.

Assuming the other sibling had already obtained a probate without our knowledge on the ground of the executors refusal, does it mean that our entitlement/ our potential claim under the Inheritance Act too must be made within 6 months of the date of any grant of probate? Otherwise do we have to start a new one as if one never existed before?

Expert:  Joshua replied 2 years ago.
yes any claim under the Inheritance Act must be made within 6 months of the date of any grant of probate. However if he had no right to obtain probate because a will exists appointing others as executors then the will shall take effect over any other distributions that may have been made.I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.

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