The first problem is deciding whether you need a Grant of Probate or not:

A grant may not be needed if the estate:

  • is a low-value estate – generally worth less than £5,000 (though this figure can vary) – and doesn’t include land, property or shares
  • passes to the surviving spouse/civil partner because it was held in joint name

You will almost certainly need a grant if the estate includes:

  • assets generally worth more than £5,000 in total (though again this figure varies)
  • land or property in the sole name of the deceased, or held as ‘tenants in common’ with someone else
  • stocks or shares some insurance policies is involved as part of the estate

Another problem is in ensuring that the will being submitted is truly the last Will and Testament of the deceased:

Some people make more than one will in their lifetime, the multiple will are not codicil tothe initial will but independent will of their own, so the problem of which is the last will raises its head. It can be determined by the date and also which complies with the rules laid out in the

Another problem is when the will is being contested:

There are a lot of on-going cases in the court system about the deceased will being contested for reasons ranging from: the deceased at the time of making the will was incapable to the content of the will not been clear to all beneficiary of the will

Where an Executor was not appointed by the deceased in the will or the executor appointed wants to renunciation:

Where the will has not appointed an executor the will, the estate will be treated like an Intestate estate. Where an executor duly appoint does not want to be an executor he has the following option he can delegate the task to a probate solicitor, or alternatively he can be silent and let another executor if there is one apply for probate. If he neither wants to do the works personally nor even have the responsibility of working with a professional he can renounce probate altogether. If he renounces that is an end of the matter as far as he is concerned and he has no further involvement or responsibility

Find out more about getting  Probate


What is probate?

Quick guide to the Probate system

What documents do you need for probate?

What is the cost of probate ?

Common problems with probate

How to choose a probate solicitor or lawyer

Probate solicitor fees

Contact us about your probate matter 02071830084 or email