Probate Solicitors in Stockport

The term “probate” is used to describe the process of dealing with the property, money and assets of a person who has died according to the wishes of the deceased. This involves organising the distribution of money and assets after paying debts and inheritance tax where necessary.

Probate involves proving that a will is valid and then confirming that you have the authority to deal with that person’s estate. This will allow the executors to begin dealing with the deceased person’s assets and funds in terms of how this will be distributed if there is a will.

Our specialist Probate Solicitors understand that this may be a difficult and daunting time for you, but we are here to support you in every step along the way.

Permission to execute the will is given through a Grant of Probate or Letter of Administration.

If you do not obtain these when someone dies, it will not be possible to legally transfer the deceased person’s finances and property to the beneficiaries. In short, the beneficiaries will not be able to inherit what was intended for them.

Probate may not be required if the person who died jointly owned the property, shares or money.

If your loved one passes away without a will, do not worry. Our specialist Probate Solicitors can help you deal with these cases to ensure they can be sorted. Instead of applying for probate, you will apply for letters of administration – otherwise, the laws of intestacy will determine how the estate will be divided.

This is usually made by the person closest to the relative, such as a husband or wife followed by any children over the age of 18. We can provide in-depth advice around this application process.

Whilst the probate process is complicated, we will ensure that we take on most of the responsibility to help the process run smoothly.

There are 5 main phases, as outlined below:

1. Identifying all of the deceased assets, such as property and investments, as well as their debts. This will determine how much the estate is worth.
2. Paying inheritance tax to HMRC – we will do our best to keep this to a minimum. The application for a grant of probate will then be made.
3. Selling the deceased’s assets, settling their debts, paying any estate administration fees, and paying any remaining income or capital gains tax to HMRC once the grant of probate has been issued
4. Preparing estate accounts for payments to beneficiaries and sending these to the executor for approval.
5. The assets are transferred to beneficiaries provided there are no challenges to the will, however if there are challenges do not worry. Our team is experienced in resolving these so that the matter can be settled in a timely manner.

If you’re over 18 years old and named in the will, you can apply for probate.

If there are other people named in the will too, you may need to make a joint application.

If there isn’t a will and you are the next of kin, the order of priority for applying for probate is as follows:

• spouse
• children (including children adopted by the deceased but excluding step children)
• parents
• siblings
• grandparents
• uncles or aunts

if children, siblings and uncles or aunts of the deceased person have died before the deceased, their children may apply for probate.

It’s worth noting that if you are named in the will as the Executor but you don’t want to act, you don’t have to.

If there is a dispute about the will, it is possible to stop probate by entering what’s known as a caveat by making an application with the probate registry.

A Caveat prevents executors or administrators of the will from obtaining a Grant of Probate or Letters of Administration. They are unable to distribute or administer the Estate until the dispute has been resolved. Caveats can help parties investigate the details of an estate before proceeding, as this can be a time consuming process.

Under the Inheritance Act, you only have six months from the date the Grant of Probate is issued in which to contest a will.

If you feel you were treated unfairly, or you believe the will is not valid for some reason it is important to seek legal advice as early as possible to ensure your interests are protected.