Probate – the facts broken down
Probate that has already been granted
A will is confidential to the executors until it becomes a public document. Once a grant of Probate is issued, it’s a public document that everybody can access to view the details of an estate.
Time limits
- Claims for financial provision
If you challenge inheritance arrangements on the grounds of requiring financial support, there is a six month time limit to bring a claim following the grant of probate.
- Disputing the validity of a will
If you believe the will to be incorrect you can dispute the validity. There is no strict time limit to dispute the validity of a will. However, it is recommended to do so within 12 months of the grant of Probate.
Probate that has not yet been granted
Depending on the complexity of the estate, probate can take between 6-12 months. There may be several reasons why a grant of Probate is yet to be granted, such as a caveat being opened against the grant (see below), issues with the will, or inheritance tax, etc.
Before the grant of Probate is issued, the executors legally have the right to deny sharing the details of the estate or will. If you are a beneficiary of the Probate, you will have the right to keep updated on its progress.
Suppose you are not a beneficiary, and your name isn’t included in any part of the will, in that case, you aren’t entitled to access any details of the progress with the Probate.
If you feel you should have been included in the will and informed of the probate progress, you can enter a caveat to halt proceedings until the situation is resolved. If this sounds like something that applies to you, be read the guidance around caveats below.
Are you yet to establish whether probate has been granted?
You can find out whether a probate has been granted simply by visiting the Government website. It is a straightforward procedure in that you enter the deceased’s full name and date of passing.
You will find all the necessary information here, including the date the Probate was granted. Additionally, you can purchase a copy of the grant/will.
You can find out whether Probate has been granted, when it was granted, who it was granted in the name of, and the net estate value.