Planning ahead for probate

If someone close to you is nearing the end of their life, you may be able to provide some support to help them organise their legal and financial affairs.

You can't begin probate until after a death has occurred, but if someone close to you is nearing the end of their life, you may be able to support them in organising their legal and financial affairs. How much help you can offer will depend on whether they have appointed you as an attorney under a lasting power of attorney or an enduring power of attorney.

In some cases, we may be able to provide an indicative quote for probate services, if the person requesting this has the appropriate legal authority and we have enough information about the estate.

Helping someone organise their financial affairs

An executor or next of kin won’t have any authority over someone’s estate until after they have died, but if you have been appointed as an attorney under a lasting or enduring power of attorney, you may be able to help them organise their affairs.

If you have the relevant legal authority to do so, gathering information about the estate and having everything in good order can make the probate process simpler when the time comes. Be careful that in doing so, you comply with the individual’s wishes, comply with the law and do not go beyond what has specifically been asked of you or agreed.

Making an estate inventory

Whether you're making a will or have been appointed as an executor, administrator or attorney, taking an inventory of the estate can help ensure nothing is missed during probate.