Expert answers question on necessity of probate

A financial expert has answered one woman's wills and probate question, regarding what she should do following her husband's death.

A Nebusiness.co.uk reader wrote to the news source saying that her husband passed away a number of years ago at a time when both of them had shares owned jointly and individually.

The lady pointed out that the joint-owned shares have been transferred to her and that both her and her partner's wills left everything to the other.

However, she received a solicitor's letter saying that she had to apply probate and wanted to know if this was necessary.

In response, Peter Rutherford, a senior director at a chartered financial planner, wrote for the news source: "If a deceased person leaves a valid will, then the executors of that will must obtain a grant of probate to enable them to deal with the assets of the estate as determined by the will."

However, Mr Rutherford pointed out that people may not need to obtain a grant of probate if an individual leaves an amount that is under £5,000 or owns their assets jointly with another, in which case they will pass to this person automatically.

Furthermore, Solicitors for the Elderly (SFE) said that it is possible to apply probate without using professional help, but this could be a risky move.

Published by Hannah Carr