Grant of Probate

The prognosis for an asbestos-related disease is often not positive. Following a diagnosis, seeking legal advice in order to claim compensation promptly is essential. Unfortunately, many victims of asbestos-related disease die before they receive the compensation they deserve. Therefore, it is possible for the family of the victim to make or take over the claim on their behalf.

If the person who suffered from the asbestos-related disease left a valid Will, the Will dictates who can apply for a Grant of Probate and bring a claim on behalf of the deceased person’s estate.  If there is no Will, the rules of intestacy will dictate who can bring the claim on behalf of the deceased person’s estate.

If you cannot find the information that you are looking for, simply contact us using this form or by calling us on 0800 987 8809. We will be only too pleased to try and help you.

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What is a Grant of Probate?

A Grant of Probate, often simply known as probate, is a legal document often required in England and Wales and is applied for by the executor(s) named in the Will. The Grant of Probate is the legal document which will allow your executor(s) to act on behalf of the estate in the asbestos related claim.  Anyone over the age of 18 should make a Will, since failure to do so may mean that your estate is not distributed according to your wishes. To speak to a solicitor about making a Will today, please call Bridge McFarland’s well-established and professional client team on 0800 987 8800.

In cases where a person has died as a result of an asbestos-related disease and did not have a Will, the rules of intestacy will dictate who can apply for probate (Letters of Administration).

It is important to remember that even if your or your loved one’s asbestos exposure occurred 10, 20, 30, 40, 50 or even 60 years ago, due to the latency period associated with asbestos exposure, your symptoms may not show until much later in life. Having a Will ensures that there is a named executor(s) ready to apply for probate and make a claim on behalf of the estate.

The process of applying for a Grant of Probate

When your loved one dies before or during the process of claiming compensation following diagnosis of an asbestos-related disease, there are a few main steps that the loved one’s executor(s)is/are responsible for with regard to continuing the compensation claim and eventually distributing the estate. Below is a brief overview of the process of applying for a Grant of Probate. However, it should be noted that it is essential to seek legal advice during this time to ensure that the process runs as smoothly as possible.

The first step is registering the death. This should be done within five days of the death and will need to be done via the local registry office. You will receive a Certificate of Registration of Death (Death Certificate). As part of this, there are several Government organisations that must be informed, too.

Secondly, you should ensure that you fully understand the estate’s value so that you can make informed decisions regarding the inheritance tax and assets involved.

Inheritance Tax should then be paid. To find out about the current Inheritance Tax threshold and the standard Inheritance Tax rate, please visit the government website here.

Next, you should file your application for a Grant of Probate (the PA1P) or Letters of Administration (PA1A). This can be made online or using paper forms and can only be done once you have valued the estate. The process slightly differs when applying for probate using paper or online forms. For information about the paper forms, please click here. Alternatively, click here to view the online form.

Finally, the fee for applying for probate should be paid. For small estates, this is not necessary.

Once you have received the Grant of Probate or Letters of Administration, you can begin dealing with the deceased’s assets and eventually distribute the estate according to the deceased’s wishes, as outlined in their Will or under the rules of intestacy. In addition, you can take over the management of their asbestos-related disease compensation claim.

Solicitor for Asbestos Claims

If you have been diagnosed with an asbestos-related disease and want to be confident that your loved one can continue the claim after you have died, it is essential to seek advice from a trusted solicitor. At Bridge McFarland, our personal injury solicitors work in unison with our dedicated private client team, ensuring that once a Grant of Probate or Letters of Administration has been obtained, we can continue with compensation claims, meaning the loved ones of asbestos-related disease victims can obtain the compensation they deserve.

Asbestos Awareness is dedicated to informing, educating, and supporting people in relation to asbestos-related diseases.

For further information, or to speak to a member of our experienced medical personal injury solicitors, please call 0800 987 8809. Alternatively, you can fill in this contact form.

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