By making a Will you are setting out how you want your assets to be distributed on your death. A
Will speaks from the date of death and can be amended at any stage prior to the testator’s death. If
you do not make a will your assets will be distributed according to the rules of intestacy and your
personal representative will have no authority to deviate from these rules. By making a Will you
decide how your assets are to be distributed.
In order to administer the estate in accordance with the terms of the Will the executor will apply for
a grant of probate. This involves gathering information including the deceased’s assets and liabilities,
and making an application to the Probate Office. Once the grant of probate issues from the Probate
Office the executor can then distribute the estate.
Where there is no Will the deceased’s personal representative will make an application to the
Probate Office for a grant of letters of administration. The application is similar to an application for
a grant of probate in that the personal representative will gather information including the
deceased’s assets and liabilities and apply to the Probate Office. Once the grant of letters of
administration have issued from the Probate Office the personal representative can administer the
estate in accordance to the rules of intestacy.
MBSolicitors are experienced in drafting wills and if you require any advice in relation to making your
will or the administration of a deceased’s estate please contact us.