Probate Solicitors Stockport at AFG Law

Losing a loved one is never easy, and dealing with their affairs can feel overwhelming during such an emotional time. Probate is the legal process that allows someone to take responsibility for a deceased person’s estate. This includes managing their assets, settling debts, and distributing what’s left to the rightful beneficiaries.

Whether there is a valid Will or not, Probate ensures the estate is handled correctly and in line with the law. The process can vary depending on the size and complexity of the estate, and legal guidance can make a significant difference in ensuring everything is completed properly and without delays.

At AFG Law, our experienced probate solicitors in Stockport provide straightforward, supportive advice to help you navigate this process with confidence.

The Probate Process

Probate is the legal process involved in managing a person’s estate after they pass away. It ensures that their assets are correctly identified, valued, and distributed to the rightful beneficiaries, whether according to a Will or, if there is none, under the rules of intestacy.

Who Can Apply

The first step is to determine who has the legal right to deal with the estate.

• If there is a valid Will, the named Executor can apply for a Grant of Probate.
• If there is no Will, a close family member, such as a spouse, child, or parent, can apply for Letters of Administration to become the Administrator.

Valuing the Estate

All assets, including property, savings, investments, and possessions, must be identified and valued. Debts such as loans and credit cards are also taken into account.

Applying for the Grant

The Executor or Administrator applies to the Probate Registry by submitting the necessary documents. Once approved, they receive a legal document allowing them to manage the estate.

Collecting and Managing the Estate

With the Grant in place, the Executor or Administrator can close bank accounts, sell or transfer property, and collect pensions or investments. All funds are gathered into a dedicated estate account to settle debts and expense, including funeral costs and taxes.

Paying Debts and Taxes

Outstanding debts and liabilities must be cleared before any inheritance is distributed. This may also involve submitting final tax returns and paying Capital Gains Tax if assets have appreciated.

Distributing the Estate

Once all obligations have been met, the remaining assets are distributed to the beneficiaries in accordance with the Will. If no Will exists, distribution follows intestacy rules.

What is Contentious Probate?

Contentious Probate refers to disputes that arise during the administration of the deceased’s estate. These disputes can involve disagreements over the validity of a Will, the way the estate is being handled, or who should inherit what. Contentious probate cases are usually dealt with in the civil courts and can be quite complex and emotional.

Common contentious probate issues include:

• Challenges to the validity of a Will
• Disputes between beneficiaries
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975, where a person believes they’ve not received reasonable financial provision
• Concerns about the conduct of Executors or Administrators
• Disagreements over intestacy

If you’re facing a probate dispute, it’s important to get legal advice early. At AFG Law, our Probate solicitors in Stockport can help you understand your position and explore options for resolving the issue, whether through negotiation, mediation, or court proceedings.

How Can Our Probate Solicitors in Stockport Assist?

Dealing with Probate can be an overwhelming task, particularly during a time of loss. At AFG Law, our approachable and experienced Wills and probate solicitors in Stockport are here to ease the burden, offering reliable support throughout the entire process.

We take the time to understand your situation and provide practical, personalised advice to help you carry out your loved one’s wishes with confidence. Whether the estate is simple or involves more complex legal or financial matters, our probate solicitors in Stockport are here to ensure everything is managed accurately and in accordance with the law.

In addition to probate services, we also offer expert guidance on estate planning, helping you prepare for the future with clarity and peace of mind. Our team is committed to delivering straightforward, compassionate advice when you need it most.

If you would like to speak to one of our Probate solicitors in Stockport regarding the Probate process or any of our legal services, please do not hesitate to get in touch with us today. We can be contacted at PrivateClientDept@afglaw.co.uk or phone us on  0161 464 4116

For more information on our Probate services, please visit our Probate home page here.