Should your solicitor advise you about obtaining Grant of Probate

[RitaFMJ]

Hi there,
My Dad passed away a year ago and Mam is in a nursing home with dementia. We have been dealing with the folks family solicitor getting set up with EPOA so that we can access and close some accounts for Mam. Dad had shares from the states and we are trying to sell these but have been told that we need a grant of probate. This is the first we have heard of this. Is this something that a solicitor should advise on when issuing Dad's will? Thanks

 

[ClubMan]

Is this something that a solicitor should advise on when issuing Dad's will?

What do you mean by "issuing"? Do you mean when drawing up the will in the first place? I'm not sure that it's the solicitor's responsibility at that stage to advise on what might happen at a later date when the person dies and the will needs to be executed?

 

[mathepac]

"Issuing" as in publishing or releasing the contents of the will to the executor(s)?

 

[RitaFMJ]

Thanks I've got sorted. The solicitor wouldn't necessarily have to advise about a grant of probate as we wouldn't have needed it when my Dad passed as his will left to my mum. The grant of probate is needed for the shares as in my dad's name only. Thanks all

 

[Salvadore]

The solicitor wouldn't necessarily have to advise about a grant of probate as we wouldn't have needed it when my Dad passed as his will left to my mum

The purpose of probate is to give legal effect to the wishes of the deceased as expressed in the will. The pursuit of probate is the responsibility of the executor named in the will.

Probate would be necessary to distribute all your Dad’s assets following his death - not just his shares. It’s the responsibility of the executor, not the solicitor, to ensure that the will has been faithfully followed.