When it comes to many estates in Braintree (and throughout Essex), it should be noted that many Wills are currently stored with the Probate Service until they are ever needed. With this in mind, read through Laura Richardson’s latest article to find out how Wills can be withdrawn from the Probate Service to deal with the administration of Estates in Braintree.

If you have been appointed Executor of an Estate, one of your first official duties is to investigate whether the deceased made a Will, and if so, the Will needs to be located! This is not always a straight forward task as there are various options when it comes to Will storage. The vast majority of people either store their Wills in a safe place at home or with an official Will storage facility. However the Probate Service, part of Her Majesty’s Court Service, also provide Will storage.

If you are acting as Executor for someone who stored their Will via the Probate Service, you will need to apply to the Probate Service in order to have the Will officially released to you. In order to make the application you will need the following:

  • Withdrawal Form. This can be obtained from the Principal Probate Registry in London.
  • Certificate of Deposit. This would have been received by the deceased when they deposited the Will for storage with the Probate Service. If this cannot be located then it is still possible to make the Will withdrawal but the application should include a letter detailing that the Certificate is unable to be located.
  • Official Death Certificate. Up until the point of death, only the Testator is permitted to apply to withdraw their Will from storage and therefore the Death Certificate is required for authorisation purposes.

There is no charge to withdraw a Will from the Probate Service, so only the above documents, competed as necessary are required to be submitted in order to apply to withdraw a Will.

Upon receipt of the Will, your role as Executor is then to proceed to process the deceased’s Estate. This usually includes applying for Grant of Probate, settling any outstanding bills, collaborating possessions and assets, as well as distributing the Estate as per the Will. The role of Executor comes with strict legal obligations and you should make sure that you are fully aware of these before embarking on your official duties. It may be that you wish to seek legal advice before proceeding any further. If so, contact Andrew Douglas Wills and Legal Services today. As specialists in this area of Law we offer comprehensive advice in a practical manner to assist you during your role as Executor. From applying for Grant of Probate to Inheritance Tax payments and even Will disputes, Andrew Douglas Wills and Legal Services can assist you throughout your role as Executor. Wherever you are based in Essex, why not call today to arrange your free initial consultation for the purpose of dealing with your estate in Braintree!

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