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Old Apr 10th 2015, 6:23 am   #1
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Default Executor of Oz Will, need to get UK Probate...Anyone???

Hi Guys

I am the executor of my husband's Will here in Australia (the Will was made in Australia). He had assets in the UK. I have been told that I will need to get UK Probate. Apparently, it is long-winded and a nightmare, needing solicitors to sort it all out.

Is this the case? Or can I seek to apply for probate myself? Has anyone been through or know anything about this?

Any info at all would be very welcome! Or useful websites.

Jx
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Old Apr 11th 2015, 8:56 am   #2
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Default Re: Executor of Oz Will, need to get UK Probate...Anyone???

Sorry for your loss J, horrible for you to deal with.

For probate purposes, the UK is not the UK, it is England, Scotland etc. and they have different rules and different places to apply. First issue is establish what and where. Are we talking any joint assets, because if this is a joint bank account you will not need probate, and if you give the bank the death certificate, the account automatically becomes yours. Any joint assets normally become the other parties on death. If it is an asset only in your hubby's name, then you will need probate so that the asset can be transferred to the executors for distribution according to the will.
You can apply for Probate yourself, you don't need to involve a solicitor, but if there is anything complicated about the estate, any possible heirs other than yourself, or involving a large sum of money, you are well advised to get help. Below is the England link and they give you a link to Scotland and Ireland at the bottom.

https://www.gov.uk/wills-probate-inheritance/overview

The problem you will face is that everything will require to be original documents and in some cases depending on the institution you may need to appear in person if you are not using a lawyer. This may involve you having to go back to the UK - but it really depends on what assets and where. Its a bit of a process and is complicated by it being in another country. If its a lot of money you may need help. If its under about 30,000 GBP and one or two simple assets you may be able to do it yourself.
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