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Probate

We can help you to take out a grant of Probate in the Isle of Man, to enable you to deal with the estate of an Isle of Man resident, or to collect in the Isle of Man assets of a person who has died elsewhere.

We will be happy to provide as little, or as much, help as you need - whether it be a simple meeting to discuss the general processes involved, or carrying out the complete administration of the estate.

Administration of Isle of Man Estates

If you have been appointed as an Executor, our private client department will be happy to guide you through the process of administering the deceased's estate.  At what can be an upsetting time, we will endeavour to make things as simple as possible.   We will carry out as little, or as much, of the work as you wish, and will be happy to advise you on those areas which you may wish to sort out personally.  If you have been appointed as an Executor, you do not have to undertake all of the administration personally if you do not wish to - an Executor may instruct an Advocate to carry out the administration on behalf of the Executor, and the cost of that assistance may be paid by the estate.

Probate or Administration?

If a deceased has left a Will in which they appoint Executors, then the Executors would take out a Grant of Probate.    If there is no Will, or if the Will does not appoint Executors, or if the Executors renounce, then another person (usually one of the beneficiaries) would take out a Grant of Administration (also known as "Letters of Administration").    There are some differences between the two, but for most purposes they are essentially the same - the essential feature of each is that the Grant provides documentary proof which can be produced to banks and other institutions, to prove that the person named is legally entitled to administer the estate of the deceased. 

What Happens if the Deceased Left No Will?

If a person dies without leaving a Will, they are said to be "intestate".   In the absence of a Will, the law provides what will happen to the deceased's estate.   The Administration of Estates Act 1991 sets out a list of relatives who (in a particular order of priority) would benefit from the estate.   As to which relatives would benefit, and the amount  by which they would benefit, this depends on what relatives the deceased left behind.   Unless the estate is quite small, it will llikely be necessary for someone to take out a Grant of Administration in order to adminster the estate.   The persons primarily entitled to take out a Grant are the relatives who will benefit under the estate.

When Will it be Necessary to Take out a Grant?

Unless an estate is quite small, you will need to produce a Grant of Probate or Administration in order to access a deceased bank accounts, or to deal with other assets belonging to the deceased.   Different banks and institutions have different policies, as to the level of funds above which they will require to have sight of a Grant of Probate or Administration, in order to allow the Executor access to the deceased's account.

If the Deceased left a property, then a grant will be necessary in order to deal with the sale or transfer of that property.