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A will includes the appointment of an executor or executors. One of their duties is to apply to the Probate Division of the High Court for a grant of probate. [27] [28] An executor can apply to a local probate registry for a grant themselves but most people use a probate practitioner such as a solicitor. If an estate is small, some banks and ...
The probate court will then oversee the process of distributing the deceased's assets to the proper beneficiaries. A probate court can be petitioned by interested parties in an estate, such as when a beneficiary feels that an estate is being mishandled. The court has the authority to compel an executor to give an account of their actions.
Probate can certainly take months and, in some cases, years. During that time, the beneficiaries or heirs do not inherit. Money – Probate can also be an expensive process. There are court costs ...
The grant is useful where it has not been possible to grant probate in solemn form; for example, because there is a dispute over the validity of the will. Unlike an ordinary executor or administrator, someone with a grant ad colligenda cannot make any distribution of the estate's assets. [2]
As the assets aren't considered a part of your estate, they sidestep the probate process. It also lets you continue to use assets transferred into the trust: for example, a house or money from ...
As the assets aren't considered a part of your estate, they sidestep the probate process. It also lets you continue to use assets transferred into the trust, such as property or investments you own.
Analysis: If A never drinks after the grant (and never sells the property), then Blackacre will belong to A at O's death, and be distributed according to the rules of probate. If A does drink after the grant, then the property returns to O. Language used: Durational. Examples include "for as long as", "while", and "during".
Probate involves a series of legal steps, including filing documents, notifying heirs and creditors, appraising assets, settling debts, and distributing assets. This process can be time-consuming ...
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