PROBATE
& WILLS
If there is a will, the solicitor will check to see whether
an executor has been appointed. If so, the executor should be advised of that
fact and given an opportunity to decide whether he/she wishes to act as such
and whether he/she wishes to act personally or to appoint a solicitor to act
for him/her.
If there is no will or no appointment of a person able and
willing to act as an executor, then the estate will be administered by an
administrator.
The solicitor will check with you the following matters
after he is informed of the death of the deceased:
1. Has the death been
registered?
2. Has a death certificate
been obtained?
3. Has the funeral been
arranged?
4. Has the funeral account
been received?
5. If the deceased left
dependant family, do they have sufficient financial resources for their
immediate needs?
6. Are there mortgage payments
that need to be kept up?
7. Is there rent to be paid?
8. Are there other debts that
need to be paid immediately?
You are advised not to throw away any personal papers
relevant to the estate, such as bank statements, receipts for medical expenses,
income tax returns, business accounts, etc.
If no will has been found and there is no evidence of
indication of a will to put the adviser on enquiry, it is assumed that the
deceased died intestate (without a will).
When a person dies intestate, all of the intestate property
is vested in the personal representatives.