Is Probate Always Necessary?

Not always.

Whether probate is required depends on the nature and value of the assets involved. For example, if someone owned a property in their sole name, a Grant of Probate (or Letters of Administration if there’s no Will) is usually needed to sell or transfer that property.

However, some assets don’t require probate, such as:

• Property or bank accounts held jointly (these often pass automatically to the surviving owner).

• Assets with a named beneficiary, like some life insurance policies or pensions. If you're unsure whether probate is needed, we can help you assess the situation and work out what to do next. If you are an executor, you will need the correct information about inheritance tax allowances, otherwise you may pay IHT when you don’t need to or even underpay it. As an executor you are legally liable for this, so it is important to get it right.

• If the Will includes a Trust, it’s important to handle it with care. Trusts require special attention and the right advice — without it, the Trust may not work as intended, and the assets it was meant to protect could be at risk.

At Western Wills, we can help you understand what the Trust means, explain your responsibilities, and connect you with professionals who can ensure it’s set up and managed properly.