Wills and Probate

A will sets out what you want to happen to your property and possessions after your death. While not a legal requirement for a will to be drafted, it is highly recommended that you have one that is well-drafted by a solicitor with experience of . If you do not make a will before you die and die without a will, you will be considered to have died 'intestate' (i.e. you did not leave a will or testament). The effect of this is that your assets will be divided up according to default rules set by the laws of succession and, specifically, those relating to intestacy.

So, if you want to ensure that your estate is passed on to family, friends or organisations upon death exactly as you wish, you have those wishes expressed in the best and most comprehensive terms as possible in a will.

There are also tax advantages to making a will. If you plan early enough, your solicitor may be able to help you find considerable tax savings for you and your family, such as inheritance tax.

If this applies to you, get in touch and we will help you through the process by putting you in touch with a suitable solicitor near you who is experienced in drafting such legal documents.

Alternatively, you might be at the stage where a friend or relative has died 'intestate' (i.e. without a will) and you need legal advice, with unanswered questions such as

  • What do I do next?
  • Am I entitled to an inheritance?
  • How much tax is due?

Although they may have died without a will, you may well be entitled to a share of their assets. This area of succession law can be extremely complex, although in most cases there is a right answer, so get in touch and we will point you in the right direction.

What is a 'probate'?
A probate is the term usually applied to the process of applying for the right to administer an estate. If a friend or relative dies, you must get permission in order to take responsibility for his/her estate. Without 'probate' you will not be allowed, for example, to administer the bank accounts of the deceased.

If the deceased has died having created a will, whether or not amended by codicils, they will have named 'executors', who are people they wish to administer their estate. But before they can do so, the executor must apply for a 'grant of probate' from the appropriate court.

If the deceased did not leave a will, a close relative can apply to deal with the estate by applying for a 'grant of letters of administration' from the probate registry.

This can be a complicated business, and is best dealt with by a lawyer qualified and expert in such legal issues and practice.

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We can put you in touch with lawyers near you in Manchester who will take you through this step by step.