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What is Probate?

by Phil Adams-Wright on Nov 26, 2009

Probate is the common name for the legal authority granted by a Court to someone, enabling them to administer and distribute the estate of a deceased person. This authority is required regardless of whether the deceased had written a valid will or not.   When is probate necessary? There are a number of circumstances when Probate will be required: Bank’s or building societies can request that probate is obtained before they will allow access to accounts. Each bank or building society will determine at what value they want to set the limit. Typically this limit may range from £5,000 to £30,000. If the deceased held stocks and shares, regardless of the value, Probate will be required before they can be transferred or liquidated. If the deceased owned any property, either in their sole name or as a tenant in common, Probate will be required in order to transfer ownership of the property or to sell it as part of the estate. -    In some cases the deceased may...Read More >>



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Florida Probate Lawyer - What is Undue Influence?

by Bob White

Undue influence is a legal term for a situation that occurs when a person uses his or her influence over another supposedly weaker individual to force that person into making a decision that he or she would not have made under regular circumstances.

Undue influence is an important legal concept because it comes into play when contracts are made. This legal concept is often cited in cases involving probate law in which a person’s will is contested. For example, if a person exerts undue influence over the testator, or author of a will, to make the testator decide to leave that...

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