Executor of Estate Died before Grant of Probate was Issued

17 October 2016

A Case Study by Co-op Probate

Client Situation

Mr and Mrs Smith were a married couple with two grown up children. The couple each made a Will appointing the other as sole Executor, and appointing their two children as substitute Executors. A substitute Executor takes responsibility if the sole Executor is unable or unwilling to act.

Both Mr and Mrs Smith left everything to each other in their Will. In the event that their spouse died before them, everything was split equally between their two grown up children.

Mr Smith died first and a Grant of Probate was required to deal with his Estate. A Grant of Probate is a legal document issued by the Probate Registry, which gives the Executors the power to deal with the assets in the Estate. These included life insurance and a property solely owned by Mr Smith.

Mrs Smith therefore took up her role as Executor of the late husband’s Estate. Sadly Mrs Smith died during the Administration of the Estate and before the Grant of Probate was issued.

With our Probate Complete Service we take full responsibility for obtaining Grant of Probate and dealing with the Legal, Tax (not VAT), Property and Estate Administration affairs*.

How We Helped

Firstly, we were able to assist Mrs Smith by dealing with the administration of her late husband’s Estate. We did this by using a Power of Attorney. A Power of Attorney is a legal document which Mrs Smith used to give us her authority to deal with the organisations on her behalf. This meant that Mrs Smith did not have to deal with the paperwork, allowing her to deal with the loss of her husband.

When Mrs Smith died, we were able to prepare and submit the necessary paperwork to the Probate Registry. This enabled Mrs Smith’s Executors, her two sons, to complete the administration of Mr Smith’s Estate, again through a Power of Attorney.

We were also able to prepare and submit the necessary paperwork to the Probate Registry in relation to Mrs Smith’s estate, again through a Power of Attorney.

The Outcome

We were able, when Mrs Smith died, to make sure that Mr Smith’s Estate continued to be administered. This ensured that there was no unnecessary delay in the administration of Mr Smith’s Estate.

When we had finished dealing with the two Estates, the Probate case handler who had supported the family through the Probate process received a complimentary email from one son saying:

“Many thanks for your help in getting all of my parents’ Estates sorted out. My brother and I really appreciate it.”

*We can also pay all the costs of a Co-op Funeralcare funeral, providing the Estate owns sufficient assets which can be sold in due course to repay our costs.

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