We are frequently asked about the necessity of applying for probate if you have been an attorney under a lasting power of attorney or deputyship.
Typically, the question is why do i need probate ?
Power of Attorney ends when someone dies
Crucially, a power of attorney ends when someone dies, it does not continue after death. Thus, any assets held by the attorney now belong to the estate of the deceased. This means that the executor or administrator will have the responsibility for administering the estate.
Often the same person will be the Executor as the attorney and for this reason a detailed knowledge of the estate assets will be known which make probate much easier. However if you have been a signatory on behalf of the Attorney then any funds held on behalf of the Donor whilst acting as an attorney, will now form part of the estate, and as such the Executor of the estate must be informed.
Money Held By The Office of the Public Guardian
If the Deceased was subject to a Deputyship at the Office of the Public Guardian ( OPG )Â then they will need to be informed. They will require evidence as to who the executor or administrator of the estate is and confirmation of probate before releasing any funds.
Once probate has been issued by the Probate Registry then the OPG will require various documents completing before they will release any funds.
The Grant of Probate
It is important to appreciate that the grant of probate is an important public document showing the deceased’s net estate at the time of death, as well as confirmation of whether the deceased left a will, if probate was not obtained there would also be no public record of probate. Other reasons for obtaining relate to the legal requirement if inheritance tax is payable, and the transfer or sale of a property if the deceased owned a home.
We have a team that specialise in obtaining probate if you have been an attorney. Call Tim Murden on 01482 429986 or e-mail tim.murden@tmsolicitors.co.uk
