Court Of Protection

Our specialist department provides advice in relation to the appointment of a Deputy to take responsibility for the property and financial affairs of a person who lacks the capacity to manage their legal affairs themselves (A Protected Person), and for any subsequent other legal issues arising out of that appointment.

If it is considered desirable, a solicitor in our department may be able to take on the role of Deputy, subject to formal appointment by the Court.

The legal costs in such matters are normally payable out of the Protected Person’s estate, subject to the approval of the Court.

Probate

Probate [or more specifically ‘probate of the will’] is an official form which gives the executors of the will the right to deal with the assets and property of the deceased person.
When a client shows the probate to the bank, for example, they know they are dealing with the person who is allowed to handle the estate, and they will allow the client to close the deceased’ account.

When you apply for probate, you are promising the Probate Court that you will deal with and ‘administer’ the estate according to law. If you don’t do this, you may be in trouble with the Court (as well as the people who benefit from the will). Probate makes sure the executors carry out their tasks properly.

There is also a similar process for when there is no will (or there are no executors named in the will), except that the document is called ‘letter of administration’.