Several factors determine whether you are able to apply for probate. A loved one leaving behind a will makes it easier to apply for probate. A will helps the executor apply for the grant of representation and divide the estate up to the beneficiaries mentioned in the will. When there is no will left behind it can be more difficult to determine what will happen to an estate.
When there is a will left behind the steps are simple. An application is submitted to the probate office to apply for the grant for representation. The executor such as the solicitor or spouse left behind needs to apply for probate. Probate is the right to deal with the estate meaning the person has the right to divide the estate per the last will and testament left behind. When a will exists the executor must pay attention to the information in it to make certain they follow the wishes of the individual.
A beneficiary may have an issue with the will. If there is a question regarding the will such as it being invalid a family member can contest that will. In this case the estate may stay in probate in which the executor must wait until a decision in court is made before the right to deal can be followed.
Not having a will from a spouse or family member who dies makes it difficult to deal with an estate. A family member can apply for the grant of representation. A former spouse, civil partner, or girlfriend/boyfriend living in the same property cannot apply for the grant. A spouse currently separated from the individual who dies can apply since no divorce has been completed or is on record. A child, who has reached adulthood, can apply for the grant.
UK laws do exist regarding how the estate must be divided. If there is a spouse often the entire estate passes to the spouse. If the spouse is in charge of dispersing the estate they may already pass on some inheritance to the children. When the spouse has passed on prior to when the individual or divorce is involved then the surviving children can apply for the grant to disperse the estate. Two individuals can apply for the grant and execute the estate.
Most UK laws specify that an estate is to be divided evenly if there is more than one child. The application provides all the information needed to apply given any situation, will or no will. There are instructions if there is more than one executor as well. You can find the application to apply online for probate and get the estate divided up once all debts and inheritance tax has been paid.
Legal claims have time limits. The type of claim you are making in a legal capacity is going to determine the time you have to file the claim with the court. There are still some basic rules that can be followed in determining when and how long you have to file any legal claims you might have. The following information below is meant to help you regarding some of the most popular legal claims made and their time limitations.
Personal Injury: The basic rule when it comes to personal injury is that you have three years from the date the injury happened to file a claim. There are rules which apply for children, clients with mental deficiencies, criminal injury, aeroplane accidents, and boating injuries. For instance a child injured when young can still file until they are 21. From 18 to 21 there are three years to file a claim for an incident that happens w
hen they are young. The reason is because the child at the time didn’t have any say in what occurred regarding any legal claim.
Civil claims have their own time limit. The basic timing is six years for any civil claim that might be made. Note that personal injury claims can be civil claims, but personal injury claims only have three years. All other cases can have up to six years for the legal claim to be made. Professional negligence claims often have more time than other civil claims given that you can extend the limitation period on complicated cases. Each time there is a new event then a new time is set for the amount of time an old case has to complete the legal claim. Civil claims like personal injury claims are the same in terms of a person under 18. The person has until they are 18 before the countdown on the limitation, which means an 18 year old has 6 years on most civil claims to file for an issue in their childhood.
Fatal cases where the family is starting a legal claim because of their dead family member have 3 years from th
e date of death. In the case of a personal injury if the claimant dies before the claim is solved then it means the kin have an additional three years no matter the time left on the original claimant’s legal claim. In other words, if there is one day left and the claimant dies the family now has three years for the legal claim.
Hi there !
As a Legal Executive trainee I thought it would be very helpful for me to keep a little blog to reinforce some of the things I have (hopefully) learned!
I thought I would call it Moar law as I do so much in both my day job and part time studies that it has almost become my entire life.
I have been studying to become a legal executive for just under a year now. It’s hard as I find it really difficult at the end of a long day to go home and do all the things I am supposed to be responsible for like cooking and cleaning (up after my husband) and then getting my head into revision or an essay. Luckily because my job as a legal secretary is with a good firm I have supportive friends and colleagues around me which helps things. Also, my boss is often keen to take a look at my essays before I send them off which is lucky! I think this is possibly because he wants to check my progress so he knows when he will be able to start sharing his caseload with me! LOL!
Anyway, I would be interested to hear what people think about my posts as hopefully constructive criticism will make my essay writing skills better for exam time! Eeek
Wish me luck!
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