Probate solicitors in Manchester can help you sort out various legal affairs of someone close to you who has passed away. This branch of law deals solely with specific aspects pertaining to the manner in which the assets of a person who died are distributed amongst his or her heirs. Our team can present more on the law regarding inheritance matters. If a will was signed, our Manchester solicitors will enforce the provisions of the will. The term of probate solicitors derives from a common document that is used in this field of activity, which is named the Grant of Probate, a document obtained by an executor with the purpose of gaining access to the papers and estate of a deceased person.
|Responsibilities of probate solicitors||
Our probate solicitors in Manchester can handle any of the following:
– informing/addressing local institutions;
– obtaining various documents from the relatives of the testator and the competent authorities;
– valuating the assets to be divided amongst heirs;
– distributing the estate, assist in the payment of fees, taxes and any debts associated with the respective estate, etc.
What is “apply for probate”?
Apply for probate refers to the procedure through which a person requests the right to handle all assets of a person who has recently passed away.
This is a formal procedure that can be completed by post or e-mail.
Institution in charge with probate
The Probate Registry Office (operating under the HM Revenue and Customs)
|Main procedures for probate proceedings||
– through the grant of probate, which is issued when there is a will in which a person is named as the executor of the will;
– through the letters of administration, issued when the person died intestate (without a will), in which case the executor of the estate is the person who is first entitled to inheritance.
|How to apply for grants of probate||
– the document can be issued after the executor registers the death of the testator, which must be declared within 5 days since the death occurred;
– then, it is necessary to evaluate all the assets;
– it is required to observe whether it is necessary to pay inheritance tax;
– if so, specific forms must be completed and it is advisable to receive legal assistance;
– after all these steps are concluded, the grant of probate can be issued.
|Probate application fee (yes/no)||
|When is the probate application fee applied?||
The fee is charged when the value of the estate is above GBP 5,000.
|Tax to be paid during probate||
The inheritance tax (charged in specific situations)
|When is the inheritance tax applied?||
The inheritance tax is imposed only when the value of the estate is above GBP 325,000.
|Exemption on paying the inheritance tax||The tax will not apply even if the value of the estate is above GBP 325,000 if the estate is inherited by a charity, spouse/civil partner or community entities (such as community sports clubs).|
|Do probate solicitors charge fees? (yes/no)||
|Average value of probate solicitors fee in the UK||
The fees charged by probate solicitors in Manchester vary based on the complexity of the case, the value of the estate, the professional experience of the lawyer (between GBP 2,000 and GBP 10,000 per case).
|Is it legally required to be represented by a probate solicitor?||
No, but it is highly recommended to receive legal assistance from probate solicitors in Manchester considering the complexity of probate matters and the division of inheritance amogst heirs.
|Duration of the probate procedures||
Depending on the case, it can vary from 3 to 12 months.
|Time limits for probate||There are no statutory time limits for the initiation of probate.|
Table of Contents
Applying for probate in Manchester, UK
The services of our probate solicitors in Manchester can be requested by persons who want to manage someone’s estate and life possessions; the process is named “applying for probate”, which means that the person will receive the right to manage various financial and legal aspects of a person who has recently passed away.
In order to receive this right, one must receive the Grant of Probate, which is a document issued by the Probate Registry Office, operating under the HM Courts &Tribunal Service. The manner in which probate can be done in Manchester, UK, depends on whether the person has left a will or not.
In the case in which a will is available, the person managing the will must receive a grant of probate. In the situation in which a will is not available, the document through which the right of managing the assets is obtained is the letters of administration. The need to apply for probate depends on the applicant’s relation with the deceased; you can find out below some of the most important aspects, presented by our probate solicitors in Manchester:
- if there is a will, a person can apply for probate as long as the said person is named in the will as a legitimate party to act on behalf of the deceased;
- the person can be named in the will (as long as the document is valid) or in any update of the will (which is named codicil) as the executor of the will;
- where there isn’t a will, a person can have the right of becoming an administrator when the person is a close relative of the deceased person;
- a close relative or an entitled inheritor can be a spouse, civil partner, children, grandchildren, parents, half-brothers/half-sisters, aunts and uncles and others relatives;
- please be aware that persons who were the partners of a deceased person, and who were not their spouse or civil partner at the moment of the death are not allowed to apply for probate.
According to the British law, it is also possible to renounce the right to manage the assets of a deceased person in the case in which you are the most entitled inheritor. This procedure can be achieved by completing and filing the form PA12 – Apply for power of attorney (intestate); our probate solicitors in Manchester can help you out.
What should one know on grants of probate in the UK?
The system for the issuance of grants of probate has been recently modified. You can rely on the services of our lawyer in Manchester to find out more details on what is the application process, but you can also find out the highlights of this process in the list below:
- starting with 11 January 2021, all applications for grants for probate will be made online;
- in the cases in which the value of the estate is above GBP 5,000, the probate application fee is of GBP 215;
- estates with a value of less than GBP 5,000 are not charged with a fee;
- those who need an extra copy of the grants of probate, will need to a pay a fee of GBP 1.50 per each copy;
- during a calendar year, there are approximately 180,000 applications for grants of probate in the UK.
Please be aware that at the moment when the transfer of ownership from the deceased person to the inheritor, the UK laws stipulate the payment of the inheritance tax, which is paid in certain situations. The inheritance tax is charged for the real estate properties of a deceased person at the moment when the ownership changes and it is also applied for financial possessions, such as money.
Our probate solicitors in Manchester can provide you with full legal tax advice on when the tax must be paid and what are the steps involved in this case, but you should know that this tax is generally charged when the value of the estate is of minimum GBP 325,000.
However, the tax will not be applied if the estate has as beneficial owners the spouse or the civil partner of the deceased. The tax will not be charged if the estate is left by its owner to a community sports club or to a charity. Our lawyer in Manchester can offer more information on when the tax can be charged. For additional advice and for legal representation, our probate solicitors in Manchester remain at your disposal.
Our team of lawyers can provide legal representation in probate proceedings. You can rely on us on any other legal procedure that is connected to this – we can help you sign a will, learn about the rules regarding the division of assets obtained through inheritance, etc.
We can also represent foreign clients living/relocating here through our immigration lawyers in Manchester.
Foreigners are also entitled to inherit assets in the UK, as long as there is a family connection between the person signing the will and the heir. If you are in this situation, please contact us.
In the case you want to permanently relocate to the UK after you inherit certain assets, please request advice from our employment lawyers in Manchester, in the case you want/need to become employed.
In the case in which you are the heir of a real estate property, our solicitors in Manchester city centre can represent you in all the procedures involved in the change of ownership of a property.
This procedure is completed with the Land Registry and it involves the payment of a fee. For this, you do not need a lawyer, but for previous procedures it is highly recommended.