introduction people useful links faqs back to menu			Below are answers to some frequently asked questions, which should be used as a general guide and not as statements of fact. Click on a question to bring up the answer. What is a Grant of Representation? Who are the personal representatives? What is the Estate? Can I prevent a Will being admitted to Probate? Can I challenge a Will? Can I see a Will? What if there is a mistake in the Will? Can I make a claim if there is insufficient provision under the Will or intestacy? What can I do if I am unhappy about the conduct of the Personal Representatives? I do not own the property but I paid towards the mortgage, can I make a claim? Q) My spouse has died and I want to sell our property in France. I now own the property with our children who are minors. What should I do? What should I do next?

			Q) What is a Grant of Representation? A) This is the Grant of Probate (if a person dies leaving a Will) or the Grant of Letters of Administration (if a person dies intestate and without leaving a Will). It is conclusive evidence of the executor's or administrator's title as Personal Representative of the person who has died.   Back to top Q) Who are the personal representatives? A) These are the people appointed as Executors under a Will or the person or people entitled to administer the Estate on an intestacy ("the administrator(s)").  Back to top Q) What is the Estate? A) This is anything which belonged to the person who died, for example, land, stocks, shares, car, bank accounts which they are able to dispose of under a Will.  Back to top Q) Can I prevent a Will being admitted to Probate? A) Yes, if you are concerned about the validity of a Will, you can enter a caveat at the District Probate Registry upon payment of a fee. The caveat prevents the issue of a Grant of Probate or Administration for up to 6 months and it can be renewed.  Back to top Q) Can I challenge a Will? A) This will depend upon the circumstances in which the Will was made. A Will can be challenged for a number of reasons. If, for example, there is any suggestion that the person making the Will did not understand what they were doing, the Will may not be valid because the person lacked testamentary capacity when they made the Will.

			Q) Can I see a Will? A) Only a beneficiary is normally entitled to see the Will although the personal representative may disclose a copy of the Will to other non-parties if the beneficiaries agree. When the Will is proved (admitted to probate) it becomes a public document for everyone to see. You can enter a standing search at the District Probate Registry upon payment of a fee. The DPR will send you a copy of the Grant and the Will when the Grant is taken out by the personal representatives. Q) What if there is a mistake in the Will? A) If there is convincing evidence of what the person who made the Will's intentions were and the Will fails to put these into effect, for example, because of a typographical error such as where a figure is missing or may have one too many, the Will can be rectified.  Back to top Q) Can I make a claim if there is insufficient provision under the Will or intestacy? A) Yes, sometimes a Will or intestacy produces an unreasonable result. If you fall within one of the categories of applicant entitled to make a claim under the Inheritance (Provision for Family & Dependants) Act 1975, for example, you are the spouse or a child of the person who has died, you can apply to Court for an Order such as a lump sum payment out of the Estate, if you can show that the Will or intestacy fails to make reasonable financial provision for you. You must start legal proceedings within 6 months of the date of the Grant of Probate or Administration otherwise you will need the permission of the Court to make a claim. For further details please click here    Back to top Q) What can I do if I am unhappy about the conduct of the Personal Representatives? A) If a personal representative is being very slow about administering the Estate or there is a conflict between personal representatives or the personal representative simply wishes to retire, the Court can make an Order removing them as personal representative and appointing someone else in their place. If the personal representative's inactivity has caused any loss to the estate then they may also be in breach of their duties as personal representative and can be sued for any losses caused to the estate.  Back to top Q) I do not own the property but I paid towards the mortgage, can I make a claim? A) English law recognises the concept of a trust under which trustees can hold land on trust for beneficiaries. Depending upon the circumstances in which the payments were made, the law might impose a trust and you might have a beneficial interest in the property.  Back to top Q) My spouse has died and I want to sell our property in France. I now own the property with our children who are minors. What should I do? A) If you find yourself having to sell a property in France where there is an infant owner, then you will need to make an application to the English Court for an Order appointing someone to sell the property in France on behalf of the child. The Order of the English Court will be accepted as good title. For further details please click here    Back to top Q) What should I do next? A) If you are concerned about the validity of a Will or you are concerned that the Will does not express the testator's wishes, or you have any concerns regarding the administration of an Estate, speak to a specialist solicitor as soon as possible.  Back to top If you would like more assistance with a particular case call us on 0208 788 0005 or email helpdesk@russell-cooke.co.uk