Probate Query

[Ellenmai]

A relative died in April 2011 but Probate wasn't granted until April 2015 & they left everything to their spouse. What could be the reason for this delay in granting probate?

[CaroleW]

Somebody may have challenged the will and legal action held up probate?  Have you downloaded a copy to see if there are any comments?

[KGarrad]

Maybe some assets were jointly owned?
Might have taken time to sort out ownership.

[Ellenmai]

Thank you for both replies. I have downloaded a copy & there are no comments at all. The couple in question jointly owned their assets & had no children.

[CaroleW]

So the delay may have been in applying rather than granting

[Ellenmai]

I know very little about Wills & Probate & just assumed one automatically followed on from the other. So am I right in saying as the spouse was the sole beneficiary he could take as long as he wanted to apply for the probate?

[mazi]

Theoretically if all the assets were jointly owned there is no need to apply for probate,  but it is still necessary to sort out the deceased’s income tax position, and maybe plan for inheritance tax liability so that may be the reason for delay.

Mike

[KGarrad]

The will will tell you who any beneficiaries were.
Names on the Probate Calendar are simply the executors.

[mazi]

Theoretically if all the assets were jointly owned there is no need to apply for probate,  but it is still necessary to sort out the deceased’s income tax position, and maybe plan for inheritance tax liability so that may be the reason for delay.

Mike

That may have changed as courts have ruled that a joint asset may have a single beneficial owner.

If the estate was large then inheritance tax planning may have made probate necessary.

Mike