Probate after Fatal Road Accident – Case Study

08 May 2017

Client Situation

Our Probate Solicitors were instructed to administer the Estate of a Mr B, a gentleman in his 50s who was sadly the victim of a fatal road traffic accident.

His partner Ms J was the sole Executor and beneficiary of Mr B’s Will. She was unsure what to do at this most upsetting time. The Estate Administration was complicated by Mr B’s homemade Will, which failed to name Ms J as the sole beneficiary in explicit terms.

With our Probate Complete Service we take full responsibility for obtaining Grant of Probate and dealing with the Legal, Tax (excl VAT), Property and Estate Administration affairs*.

How We Helped

Once instructed, Ms J asked us carry out the administration of her late partner’s Estate on her behalf, taking the stress away from her during an extremely difficult time.

We contacted the witnesses to the Will to confirm Mr B’s intentions at the time it was signed. Without this, it would have been likely that the gift would have failed and the whole Estate would have been Intestate. This means Ms J would not have been entitled to receive anything.

We then submitted our application to Court and obtained the Grant of Probate within 2 months of being instructed.

We then began to draw in Mr B’s assets. This was complicated by the fact Mr B had died in a road accident, as there was a Coroner’s inquest taking place. The outcome of the inquest would affect whether the Estate would be entitled to an insurance death claim.

The Outcome

We administered the Estate successfully and released funds to Ms J as quickly as possible whilst awaiting the outcome of the inquest. Once this was delivered, we successfully claimed against the insurers.

Ms J commented, “Thank you for all of your help and support throughout, I really could not have done this on my own.”

*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.

More articles