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Clare, Solicitor
Category: UK Law
Satisfied Customers: 34126
Experience:  family solictor with 25 years experience
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Does a will need to be submitted to probate within a certain

Customer Question

Hi, does a will need to be submitted to probate within a certain amount of time? If it isn't what happens? My mum passed and left everything to her partner but a family friend visited a solicitor and they stated that if the will has not gone into probate within 6 months everything is then left to the next of kin. My mum was not married to her partner so we were told this would be us. Please could you advise? Thanks.
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.


Thank you for your question

My name is ***** ***** I shall do my best to help you

I am afraid that this is not correct.

If there is a Will then it remains valid however long it takes for Probate to be applied for.

In general terms Probate should be applied for as soon as possible - and if it takes more than a year then the Executors will have to pay interest on any delayed bequests - but the Will itself remains valid

I hope that this is of assistance - please ask if you need further details