Michael Rogers MBE - Managing Director 

I am the Managing Director here at Banahan Rogers Smith. Working in the industry sector in my earlier years drilled a massive sense of hard wok in me that still burns true today. Having qualified in 1986 I carried my work ethic with me into the legal sector and now put that hard work in being a client focused individual that adapts to the changing needs of my clients. I understand the commercial realities of life and aim to give sound practical advice to suit the needs of any individual matter. 

"I found the company, Mr Rogers in particular, to be approachable, helpful and informative explaining the company and my needs clearly and succinctly, thus enabling me to achieve my goals."

What is probate?

The word probate is derived from the Latin word for 'proof' when someone dies, the friends or family members may need to 'prove' they are the appropriate people to deal with the deceased affairs and that they are entitled to inherit or deal with property, monies and other assets that the deceased may have left behind.

Who can apply for probate?

If the deceased has left a Will then it is the responsibility of the executors to apply for a Grant of Probate. Where there is no Will the Administrators must apply for Letters of Administration as set out under the 'Rules of Intestacy.' Administrators are sometimes referred to as the Personal Representatives.

Do you need probate?

Probate will be required in the following circumstances:

- There is property held in the deceased sole name that needs to be transferred or sold. The property cannot be sold without a Grant of Probate. This includes complete sole ownership of the property, or part sole ownership, which is referred to as tenants in common. 

- If there were savings or shares held in the deceased sole name and the financial institutions holding those savings are asking for a Grant of Probate to release the funds.