Probate Solicitors Manchester: Our Expertise

What is Probate?

Probate is the legal process for managing a person’s estate after they pass away. It involves identifying their assets, settling any outstanding debts, and distributing what remains to the rightful beneficiaries. If there is a valid Will, Probate ensures that the deceased’s wishes are carried out. In cases where there is no Will, the estate is divided according to intestacy laws.

However, Probate is not always required. If the deceased’s assets were jointly owned, they may pass directly to the surviving owner without the need for Probate. Similarly, smaller estates with minimal assets may not require Probate at all.

The complexity of Probate depends on several factors, such as the value of the estate, the presence of a valid Will, and whether any disputes arise. If a Will exists, the named Executor is responsible for applying for a Grant of Probate, which legally authorises them to administer and deal with the deceased’s estate. If there is no Will, an Administrator is appointed and must apply for Letters of Administration to handle the estate’s distribution.

If you are looking for a Probate solicitor in Manchester, our team of specialists at AFG Law can help. Our team have many years of experience and can guide you through every stage of the Probate process, ensuring that your loved one’s estate is managed efficiently and in accordance with the law.

Who can Apply for Probate?

Who can apply for Probate ultimately depends on whether there is a valid Will or not.

If there is a valid Will, then the Executor named in the Will has the legal right to apply for Probate. They will be responsible for overseeing the administration of the estate according to the deceased’s wishes expressed in the Will.

If there is no Will, then the estate is handled under intestacy rules, and a close relative (such as a spouse, child, or parent) can apply for Letters of Administration to become the estate’s Administrator. The Administrator has similar responsibilities to an Executor but must follow intestacy laws when distributing the estate.

The Probate Process

• Determine if Probate is Needed: Not all estates require Probate. If assets were jointly owned, they may pass automatically to the surviving owner. Smaller estates with minimal assets may also not require Probate.
• Identify the Executor or Administrator: If there is a Will, the named Executor will apply for a Grant of Probate. If there is no Will, a close relative (such as a spouse or child) can apply for Letters of Administration, becoming the Administrator of the estate.
• Value the Estate and Report to HMRC: The estate must be assessed to determine its total value, including property, savings, investments, and debts. If the estate exceeds the Inheritance Tax threshold (£325,000 as of 2024), the Executor/Administrator must report the estate’s value to HMRC and pay any inheritance tax due.
• Apply for the Grant of Probate or Letters of Administration: The application is made to the Probate Registry. This requires submitting legal documents such as the Will (if applicable), a death certificate, an inheritance tax form and the Probate application form. Once granted, the Grant of Probate or Letters of Administration legally authorises the Executor or Administrator to manage the estate.
• Settle Debts: Before distributing the estate, the Executor/Administrator must pay any outstanding debts and close bank accounts, transferring any available funds into an estate account to be distrusted.
• Distribute the Estate to Beneficiaries: Once all debts are paid, the remaining assets are distributed according to the Will. If there is no Will, distribution follows the rules of intestacy.
• Finalising the Estate: After all distributions are made, the Executor/Administrator should keep records of all transactions and provide beneficiaries with a final statement. The estate is officially closed once all matters are settled.

How Long Does Probate Take?

The Probate process timeline can vary widely. Typically, it can take several months to over a year, depending on the complexity of the estate, any disputes, and whether inheritance tax is involved. Straightforward estates generally take 6-12 months to complete.

What is Contentious Probate?

Contentious Probate refers to disputes that arise during the Probate process, often involving disagreements over a Will, the administration of the estate, or the conduct of the Executor or Administrator. These disputes can be complicated and may require professional advice from a solicitor to resolve.

One of the most frequent causes of contentious Probate is a challenge to the validity of a Will. This may happen if someone believes the deceased:

• Lacked the necessary mental capacity when making the Will
• Was under undue influence or coercion
• Did not properly sign or execute the Will in line with legal requirements
• Was a victim of fraud or forgery

Another common issue is when a family member or financial dependant believes they have not been adequately provided for. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can make a claim for reasonable financial provision from the estate.

Disputes over the Probate process can be stressful for all involved, but a specialist Trust and Probate solicitor experienced in contentious probate can provide expert legal advice on your rights and help you explore negotiation and mediation options. Our Probate solicitors in Manchester can also represent clients in Court if necessary. For more information on our Probate services, please get in touch with our specialist solicitors today.

How Can Our Probate Solicitors in Manchester Assist?

The Probate process can be extremely challenging when you have lost a loved one. Our team of Will and probate solicitors at AFG Law offer comprehensive support throughout the Probate process, making sure all legal and administrative duties are handled properly and efficiently.

Our Probate and Will solicitors in Manchester can offer expert guidance tailored to your unique family situation, ensuring your estate will be managed in line with your wishes. We also provide estate planning services to help you plan for the future, offering clear advice with a fixed fee structure for added peace of mind.

If you would like to speak to one of our Probate solicitors in Manchester 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 01204 377600.

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