Probate Complicated by Invalid Will Case Study

30 May 2017

Client Situation

Mr G instructed our Probate Solicitors to administer the Estate of his late wife. Prior to their marriage, his wife had prepared a Will leaving all of her Estate to Mr G. Sadly, when a person gets married, any Will that has been made before the marriage is automatically revoked, unless the Will has been specifically prepared with the marriage in mind. Unfortunately, Mrs G’s Will was not made with the marriage in mind and so was not valid.

Mrs G was also due to inherit a large sum of money from the Estate of her late mother who had recently died.

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

How We Helped

As part of our Probate Complete Service, one of our Probate Consultants was promptly sent to visit him in person to assess his requirements and to collect all the relevant documentation.

The documents were passed to a dedicated Case Handler who assessed the matter in detail and remained Mr G’s contact point throughout the Probate process.

On investigation, it was clear that although the Estate would pass to Mr G under the Law of Intestacy, it would not pass outright to him. In fact, the Estate was sufficiently valuable that a portion of it would also pass to the Mrs G’s son.

We liaised with all the companies and relevant parties in the Estate, including the people who were administering Mrs G’s mother’s Estate. We valued the Estate and applied for a Grant of Letters of Administration which was issued shortly after.

We then arranged for all of Mrs G’s assets to be collected in, along with the inheritance due from her mother’s Estate. We calculated the sums due to Mr G and Mrs G’s son, including the relevant statutory interest payments that needed to be made.

The Outcome

The Estate Administration was completed in six months which was faster than Mr G had expected, given the complexities involved. We referred Mr G to our Will writers who have helped him prepare his own Will.

*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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