It is already a difficult time when a loved one passes away and their estate is being administered. However, this challenging period can be made even more difficult when the Executor or Administrator (collectively known as Personal Representatives) of the deceased’s estate also passes away during the administration process. When a chain of representation is unable to be used to allow for the administration of the estate to continue, a new application to the Probate Registry will need to be made for a Grant de Bonis Non Administratis (less formally known as a Grant de Bonis Non).

Executors are people chosen and named in a Will by the Testator, who is the individual whose Will it is. The Executors of a Will are responsible for administering the estate of the Testator when they have passed away. Up to four Executors can be named in a Will, and it’s best practice to name at least two.

When creating your Will, you will be faced with the decision of who to name as your Executor(s). This blog will provide an overview of the role, the options available, and what to consider when appointing an Executor.

A codicil is a legal document that’s used to modify, add to, or revoke certain provisions of an existing Will. Instead of spending time and money writing an entirely new Will, a person can use a codicil to make minor changes or updates.

In the UK, the Executor of a Will is responsible for managing the estate of a deceased person, paying any debts and taxes, and distributing the remaining assets according to the terms of the Will. The specific duties of an Executor may include:

Probate refers to the process of obtaining a Grant of Probate, which is a legal document that an Executor may have to obtain in order to administer the estate of someone who has passed away. Many choose to instruct a professional to apply for probate on their behalf, as it is a complicated process that involves a lot of paperwork and legal knowledge.

When dealing with the death of a loved one, many Executors find themselves worrying about the costs of administering the estate and how fees can be paid. Acting as an Executor or Administrator is not a paid role, and it’s common to feel concerned that it may leave you out of pocket. In this blog, we’ll cover what probate is and whether probate (and other fees) can be paid out of the estate.

Probate refers to the process of applying for a Grant of Probate(when there is a Will) or Letters of Administration (when there is no Will), which are legal documents that the person dealing with the estate may be required to obtain. If required, the Grant of Representation (the umbrella term for both documents) gives this individual the legal right to proceed with estate administration, which is the entire process of dealing with the assets and liabilities of someone who has died and then distributing their estate to the beneficiaries.

When someone passes away, probate may be required before their assets can be dealt with. This blog discusses what probate is, when it's required, and the probate thresholds of some UK financial institutions.