Legal Tip 107: What is Probate?

Probate often comes up with property contracts - subject to the granting of probate, but what is it?

When a person dies someone has to take over their affairs to finalise things. Title deeds need to be changed and remaining bills etc need to be paid.

Where there is a will the deceased will appoint an executor to do all this. But wills may or may not be valid and there may also be multiple wills in existence. Therefore a court order is needed appointing the executor. This is the granting of probate. Once probate is granted to a person this person will then have legal authority to act on behalf of the deceased.

So when someone enters a contract to sell their deceased relative's property and they don't have probate granted they will have a condition on the contract that the sale is subject to the granting of probate. Without probate they have no authority to sell someone else's property.

 

That's great info.

I always thought it was some kind of lure to catch ladies of the night.

 

you are confusing it with Prodate!

 

Have you really done 107 of these???????

 

@Jamie Moore - what?? Pros??

 

Yes. And 90 tax tips too.
There are lists here
Terryw's legal Tips Index
Terry's Tax Tips

 

Very clear and simply put Terry. Thanks.