Wills

Nowadays inheritance tax is a bit of a political hot potato with some politicians calling for the ‘death tax’ to be scrapped. Many people are not sure about how inheritance tax works and if inheritance tax would affect their family. Some people stress about the tax and others take the attitude that as it is a death tax it isn’t something that is a big priority.  Our Will solicitors spend their days talking about IHT. They explain what it is, how much your estate could end up paying in tax, and the steps you can take to reduce the IHT payable by your estate. Will solicitors say it is in the best interests of your family and loved ones that you carry out some estate planning. By taking what are often simple steps you will leave more of your estate to your chosen beneficiaries rather than to the tax man. To most people that is a ‘no-brainer.’  For expert Will and estate planning advice complete our online enquiry form.   Who pays inheritance tax?   Inheritance tax (IHT) is payable on a deceased’s estate if the estate is not inheritance tax exempt. Whilst IHT is not a tax that you need to pay during your lifetime there are steps you can take to reduce the IHT liability on your estate. Will solicitors refer to this as estate planning or IHT mitigation.  If you do not engage in estate planning your estate may have to pay a tax bill of 40% of the net value of your estate after considering 2 thresholds:  The IHT threshold of £325,000  - all estates only pay IHT if the estate is valued at more than £325,000. The first £325,000 of an estate is referred to as the nil rate band or NRB  The residence nil rate band of £175,000 – your estate may qualify for an additional £175,000 in nil rate band if you own a property and you are passing it on to your child or grandchildren. If the residence NRB applies to your estate then your net estate will only pay IHT on anything over the first £500,000 ( the £325,000 is added onto the £175,000)  The rate of IHT can be reduced to 36% if you leave at least 10% of your estate to charity.  Calculating the value of your estate  Will solicitors say that you should not assume that your estate will not need to pay IHT if your estate is currently worth less than £325,000 or £500,000. That is because the value of your assets may go up at a faster rate than the government IHT thresholds or the thresholds could even be scrapped.   There can also be confusion about what assets are included in your estate to calculate your estate’s IHT liability. For example:  An insurance policy payment may fall outside your estate because of the wording of the policy  A gift given to a family member may have a percentage of its value added back into your estate if you died within 7 years of making the gift  When a probate solicitor is dealing with an estate administration, they will advise you on IHT liabilities and when any inheritance tax is payable.  Exempt estates  Some estates are exempt from paying IHT. This can be down to one of several factors:  The estate is valued at less than £325,000 (or £500,000 if the estate qualifies for the residence nil rate band of £175,000 on top of the standard IHT threshold of £325,000). The value of the estate could be less than £325,000 because the deceased made lifetime gifts to friends and family and survived for 7 years after making the gift  The estate is left to charity   The estate is left to a husband, wife, or civil partner. This is referred to as the spouse exemption. When the second spouse passes away their estate can use the first spouse’s nil rate band of £325,000 as well as their own so their estate only pays IHT on the value of the estate over £650,000 . [related_posts] Reducing your inheritance tax bill  There are several ways that you can legitimately reduce the potential inheritance tax bill that your estate may end up paying.   One of the more radical IHT suggestions is to get married if you are living with a partner in an unmarried relationship. If you leave your estate in your Will to your new husband or wife then the spouse exemption will apply so no inheritance tax is payable. For an estate worth 1 million, with a nil rate band of £325,000, that is a potential tax saving of £270,000. Before you marry you could decide to sign a prenuptial agreement to safeguard your family money in case of separation or divorce during your lifetime.    Other less radical options include leaving a percentage of your estate to charity to reduce the tax rate from 40% to 36% or using your annual allowance to make gifts to family members.  There are other ways you can reduce your inheritance tax bill. A Will solicitor can explore them with you and work out which ones are suitable for your financial and family circumstances. At the same time, they can review your existing Will to make sure it remains fit for purpose and is tax efficient. If you don’t have a Will then one can be prepared for you.   For expert Will and estate planning advice complete our online enquiry form. 

Our private client and Will solicitors are asked the question ‘Can a separated spouse inherit?’ The quick answer is yes or maybe. That’s why if you are thinking about a separation or divorce you need to talk to a Will and estate planning solicitor as well as to a family lawyer.  In this article, our Will solicitors explain why you need a Will or a new Will if you are going through a family separation. Our specialist lawyers can help you with all your private client needs, including writing a Will for you or checking if your existing Will needs amending, because of your new family circumstances.  For expert Will and estate planning advice call our team or complete our online enquiry form.   Who inherits if you are separated   If you are separated from your husband, wife, or civil partner then you are still in a legal relationship with them until the relationship is dissolved by your securing a final order of divorce or the dissolution of your civil partnership.  A gift in a Will to a separated spouse or civil partner is valid despite your separation.  If you have not made a Will your separated husband, wife, or civil partner is one of your next of kin and they will be entitled to a share of your estate under the intestacy rules.  The intestacy rules set out who inherits your estate where there is no Will. The rules say:  If there are surviving children or grandchildren or great-grandchildren and the estate has a value over £322,000, the spouse or civil partner will inherit:  All the personal property and belongings of the deceased and   The first £322,000 of the estate and   Half of the remaining estate  2.If there are no surviving children, grandchildren or great-grandchildren, the spouse or civil partner will inherit:  All the personal property and belongings of the deceased and   The rest of the estate   Whether there is a Will or if the intestacy rules decide who gets an estate, some people can challenge the provisions in a Will or the intestacy rules distribution. They can do this if they do not think that the Will or the intestacy rules make reasonable financial provision for them by making a claim against the estate.  [related_posts] Joint property and separated spouses  Many married couples jointly own their family home. If a house is owned as joint tenants the surviving partner automatically inherits the deceased’s share of the house. That is the case even if the deceased was separated from their husband or wife or even if the deceased made a Will leaving their estate to their children or charity.  If you do not want your husband or wife to inherit under the joint tenancy survivorship rule then your family law solicitor can check to see if you own your family home as joint tenants. If you do own the property as joint tenants then you can sever the joint tenancy. That means the property continues to be jointly owned but you own it with your spouse as tenants in common. If you predecease your spouse your share of the property will pass under the terms of your Will. It is important to check the terms of any existing Will and to change it if necessary. That’s because most married couples have Wills that leave most of their estate to their spouse so severing the joint tenancy will only work if you also change your Will.    If you do not have a Will then intestacy rules will apply to your estate so it is important to get a Will solicitor to prepare a Will for you if you do decide to sever the joint tenancy.  One point to note is that if your separated spouse predeceases you after you sever the joint tenancy then you will not automatically inherit their share of the property under the survivorship rules. Instead, your estranged spouse’s share of the property will pass under their Will or intestacy rules.  Making a Will if you are separated  If you are separated from your husband, wife, or civil partner it is best to change your Will straight away rather than wait until after your divorce comes through. That’s the case even if your separation is amicable. For example, you may want to change your Will to leave your estate in trust for your young children. If the separation is amicable, you could appoint your estranged wife as one of the trustees of your estate. If your estate is left to your wife directly and she remarries then her second husband could inherit her estate (including the money and assets she inherited from you) and your children could lose out.  A Will solicitor can help you write a Will that reflects your new family circumstances and reduces the risk of a person making a claim against your estate. For example, they may recommend that your Will includes a discretionary trust. There are lots of options and estate planning choices that a specialist Will solicitor can talk you through.   For expert Will and estate planning advice complete our online enquiry form.      

Changing a Will After a Loved One has Passed Away You may assume that if a relative made a Will their wishes cannot be changed after their death. Strictly speaking, that isn’t correct because, after the death of a loved one, you may be able to change their Will by entering into a deed of variation. In this blog, private client solicitor, Chris Strogen looks at when you can vary a Will and the advantages of doing so. For expert advice on making a Will or for advice on a deed of variation call our team of specialist Will lawyers or complete our online enquiry form. Changing a Will after death A Will can be changed after the death of the person who made the Will by entering into a deed of variation or a deed of family arrangement. A private client solicitor can advise you on whether you can do this and if it is a good option for you. For example, it may be inheritance tax efficient. Who can vary a Will after death? Whether you need the agreement of the executors and the other beneficiaries in the Will to the proposed variation of the Will depends on what you want to change. In some situations, you don’t need the agreement of anyone else and only you will need to sign the deed of variation. A private client solicitor can explain the process when they know what you want to change in the Will and why. [related_posts] Can you change the intestacy provision if the deceased did not make a Will? If the deceased died intestate (without a Will) you can change the intestacy provisions by signing a deed of variation. Who needs to sign the deed depends on the nature of the variation. A deed of variation can be particularly helpful if the deceased was in an unmarried relationship. Under intestacy rules his or her partner will not inherit. Instead, the deceased’s parents receive a share of the estate or more distant relatives. In some families, the family may want to change this so the deceased’s unmarried partner receives all or a share of the estate. When can you sign a deed of variation? The rules say that the deed must be signed within two years of the date of death. If you are contemplating making changes to the Will of a family member or friend it is best to speak to a private client solicitor about the proposed changes as soon as you can do so. The benefits of a deed of variation There are many reasons why a deed of variation might be a good idea, including: The Will has left out a family member by mistake. For example, by naming 2 of 3 children in the Will as the third child was born after the Will was signed. The testator should have either changed their Will on the birth of the third child or preferably (to avoid the issue in the first place) left the estate to any children alive at the date of the testator’s death and if more than one in equal shares The Will is a DIY Will and is not inheritance tax efficient. For example, if the husband had left the estate to his wife, then the spouse exemption would apply, and no inheritance tax would be payable on the death of the first spouse. With a deed of variation giving the estate to the wife, she can then give money to the children. Provided she survives for at least 7 years the gift is IHT free There is a Will dispute and the Will is being challenged or a claimant is saying that intestacy rules do not provide them with reasonable financial provision. If it is accepted that the claimant is likely to receive a share of the estate if their claim goes to court it may be sensible to vary the Will. For example, if a couple were in an unmarried relationship for 20 years but the deceased never got around to changing the Will that he made 30 years ago In an ideal world, people would ensure that their Will is reviewed and up-to-date, and tax efficient before they pass. However, family, work, and other commitments can all get in the way of estate planning. That’s why a deed of variation may be the solution to your situation. For expert advice on making a Will or for advice on a deed of variation call our team of specialist Will lawyers or complete our online enquiry form.

If you aren’t a Cheshire Will solicitor you may not know where to start with making your Will. In this blog, we look at how to make a Will, something that we should all do to protect our loved ones. For expert advice on making a Will call our team of specialist Will lawyers or complete our online enquiry form. Why you should make a Will It is easy to keep putting off making a Will because you have too much to do or you aren’t sure what to put in your Will but a Will is something that we should all have, whatever our age, state of health, or personal or financial circumstances. If you die without making a Will then you or they die ‘intestate’. The law says where your money or estate goes to. The list of beneficiaries is set out in a statute and cannot be changed to suit your family circumstances or to do what you would have wanted if you had made a Will during your lifetime. For example, you may not have wanted the majority of your estate to go to a third wife but instead to a cousin that you were close to and who had been there for you throughout your life whilst your third marriage was of short duration. Alternatively, you may want to leave your estate to your grandchildren, skipping a generation and not leaving your money to your children. What do I need to make a Will? You don’t need anything to take the first step of making a Will as a Will solicitor can either talk you through the information that they need to prepare the Will for you or if you prefer, they can send you a Will questionnaire for you to complete. The main things that a Will solicitor needs to know to advise you on your Will and prepare it for you are: Roughly how much is your estate worth – you don’t need to get anything valued as all your Will solicitor needs is a very approximate ballpark figure so they know if inheritance tax will be relevant to your estate Whether all of your assets are in the UK – if you own property overseas then you may need another Will to cover your overseas-based property Whether any of your assets are jointly owned – if you own property jointly, for example, with a wife, husband, or civil partner, then your share in the property may pass outside of your Will unless you sever the joint tenancy and convert it to a tenancy in common Whether you have any dependants – a dependant could be a former husband or wife who is receiving spousal maintenance from you, a child receiving child support, or an adult child who is financially reliant on you, or your cohabitee or partner. Whilst you can leave your estate to whom you want as there is no legal requirement to leave all or a share of your estate to your dependants or family members, a Will solicitor can advise you on the prospects of a dependant trying to contest your Will and how to reduce the risk that your Will might be contested Whether you have any children or planned beneficiaries under the age of eighteen – if you do then you may want to consider the appointment of testamentary guardians in your Will for your children. You will also need to consider leaving money in trust for your children or minor beneficiaries The planned executors of your Will and beneficiaries- if you haven’t made any final decisions about your choice of executors (the people named in your Will as responsible for administering and distributing your estate) then don’t worry as your Will solicitor can discuss your options, including the appointment of family members, your private client solicitor or another professional as executor. When it comes to beneficiaries, your Will solicitor can talk you through your options and make sure that your Will is as ‘future proofed’ as possible so that if, for example, you want to leave all your estate to your husband or wife or a share of your estate to an older sibling there are ‘substitution gifts’ in your Will. That means that if your spouse predeceases you their legacy is shared (for example, between your children or in the case of your sibling between your nephews and nieces). Alternatively, the gift can fall back into your estate and form part of the legacy to your residuary beneficiary or beneficiaries [related_posts] When to make a Will Will solicitors say that it is never too early to make a Will or, if you have an existing Will, it is equally important to make sure that the Will is up to date and still reflects your circumstances and wishes. At any important life event, you should consider making or changing your Will. Life events include: Buying your first house – whether on your own or jointly with a partner When you get engaged to marry or enter a civil partnership When you sign a prenuptial agreement When you have children or adopt a child If you separate or divorce from a husband, wife, or partner If you form a new relationship or remarry If you suffer from ill health On retirement If you receive a legacy or inheritance. There are many other scenarios when you should consider making or changing your Will, such as the death of a beneficiary or an executor to your Will. Making a Will can be a very positive experience for you because: It makes you feel that you have taken steps to protect family members and loved ones You can say whom you would like to administer your estate through the appointment of executors of your Will You can safeguard young children with the appointment of a testamentary guardian You can use your Will and estate planning to minimise your estate’s liability to inheritance tax.  How to make a Will The easiest way to make a Will or to change an existing Will is to speak to an experienced private client and Will solicitor. They can look at your goals and objectives and work out how best to achieve them. This may include: Lifetime gifting Inheritance tax planning Lifetime trusts Trusts created in your Will and the flexibility and guidance issued to your trustees with discretionary trusts The structure of legacies and the disposal of your residuary estate Contingency legacies so, for example, a grandchild or children, will receive a legacy instead of their parent if their parent sadly passes away before you do so. Carefully drafted contingency legacies mean that your Will doesn’t have to keep being rewritten on the birth of a new grandchild How to try and ensure that the Will isn’t contested by a dependant leading to litigation against your estate. This can be achieved by carefully assessing what, if any, dependency claims can be brought against your estate and how to minimise the risk of a successful claim  How long does it take to make a Will? The role of a private client and Will solicitor is to make the Will process as simple for you as possible. It is possible to make a Will in a matter of hours but you may, depending on your family circumstances, want to reflect on private client and Will advice before finalising your Will. Your Will isn’t effective until it is executed. That involves your signing your Will witnessed by two witnesses. The best way to make a Will is to take the step of picking up the phone and speaking to a friendly and approachable private client and Will solicitor about your options so that you can achieve a well-drafted Will that protects your family and gives you peace of mind. For expert advice on making a Will call our team of specialist Will lawyers or complete our online enquiry form.

Where there is a Will there is a way, well that is the old adage. It isn’t always true though. That’s because if you are writing your own Will mistakes can be made that aren’t immediately obvious. Sometimes it is only when a Will solicitor is reviewing a handmade Will, or applying for probate to sort out an estate, that the problem is discovered. For expert advice on Wills and probate call our team of specialist probate lawyers or complete our online enquiry form. Will writing and avoiding mistakes When people give instructions on their new Will most are concerned about getting the addresses of executors and beneficiaries correct without realising that their proposed Will doesn’t actually do what they want. If the problem isn’t spotted before their new Will is finalised it could cause massive heartache for the family. One common example of Will writing mistakes and the importance of getting the wording in your Will right is leaving your estate to your ‘children.’ You know what you mean by your children but legally your estate will go to your biological children, excluding a much-loved step-child whom you may have brought up as your own and never intended to exclude from your Will. The same sort of problem can occur with grandchildren when your children’s relationships are complicated and you have a number of children in your family who are not biologically related to you but whom you view and treat as your grandchildren because you are so close to them. When a Will solicitor is writing a Will it is important to understand family dynamics to make sure that the wording in your Will reflects your family circumstances and your wishes. You may think that a Will mistake can be sorted out by your executors but that involves all interested beneficiaries agreeing to the change and extra work by the probate solicitor. Alternatively, if the excluded relative has the grounds to do so they could challenge the Will and make a claim against the estate. That can be expensive and time-consuming and the last thing that the Will writer anticipated when writing their Will. [related_posts] Will solicitors can't over-emphasise how important it is to consider your family circumstances when writing a Will. For example: If you are in a cohabiting relationship with your partner, they are not legally your husband or wife and so should not be referred to as your spouse in your Will. You may still have a legal spouse if you have not finalised the divorce proceedings and obtained a final order of divorce If you leave your estate equally between your children and one passes away before you do so then your remaining children will inherit your estate. That means your grandchildren from your late child will miss out and will not get a share of your estate even though their cousins will eventually inherit a share of your estate via their parents Leaving money to named children can be a problem if you have any additional children because they will lose out unless you change your Will when they are born. With the work that comes with a new arrival, it can be easy to forget to review and change your Will. A Will solicitor tries to avoid this sort of problem by naming any non-biological children but also ensuring that the definition of biological children includes any additional children you may have Giving a specific legacy to a beneficiary can result in Will problems as you may not own the specific asset at the date of death. That means the beneficiary gets nothing even though that is not what you intended as you simply forgot to review your Will when you sold the specific asset or the property creating an unfair result for the named beneficiary Leaving a large legacy to one person before giving your residuary estate to relatives can be an issue. If the legacy is large you need to continue to review your Will provisions because if, by the date of your death, your estate has reduced in value (for example because of care home fees) your entire estate may be eaten up with the large legacy to an old friend leaving your residual beneficiaries with little or nothing because the old friend’s legacy has to be paid before the residuary beneficiaries receive anything You may think that Will errors and wording mistakes are exceptionally rare but that isn’t the case. Our experience as solicitors who specialise in preparing Wills and helping families sort out probate and legacies after loved ones have passed away say that it is surprisingly common for mistakes to be made in Wills. Most people think their financial affairs are straightforward and so problems won’t crop up in their Will but sadly homemade Wills don’t always do what the Will writer wanted and may cause a lot of extra grief when the Will writer passes away. Get advice from a professional when preparing a Will can save you and your family a lot of money when your estate is sorted out. The cost of getting your Will prepared by a specialist Will solicitor can also save you money during your life as your Will may not need to be changed as often. What’s more the cost and speed of getting a professionally prepared Will is often a lot less than you might think and gives you and your family peace of mind. For expert advice on Wills and probate call our team of specialist probate lawyers or complete our online enquiry form.

When a family member passes away, with or without leaving a Will, the process of sorting out the personal and financial affairs of the deceased can seem overwhelming. This is often not helped by the need to obtain probate before the family can access funds and distribute the estate in accordance with the Will. In this article, specialist private client lawyer, Chris Strogen, offers guidance on what probate is and how to go about applying for it. For expert advice on Wills and probate call our team of specialist probate lawyers or complete our online enquiry form. What is probate? When someone dies their assets and property (known as their estate) are left in limbo until someone gets the legal right to deal with their property and possessions by applying for probate and obtaining a grant of representation or letters of administration. How do you apply for probate? Normally, the probate application process involves these stages: Check and see if there is a Will – the Will may be kept with other important papers, at the bank or a solicitor’s office. If there is a Will the people authorised to sort out the deceased’s financial affairs (known as the executors) will apply for probate. If there is no Will then family members can apply for the grant Estimate the value of the estate – this is necessary so you know if inheritance tax is likely to be payable by the estate Pay any inheritance tax due – this needs to be sorted out before applying for probate Complete and submit a probate application form and where necessary an inheritance tax form What happens after probate is granted? The executors will need to: Pay any remaining inheritance tax that is payable Pay any debts Collect any property, for example, selling a share portfolio or a family home or investments Distribute the estate, either under the terms of the Will or, if there is no Will, under the intestacy rules Do you have to get probate? Sometimes it is possible to sort out a deceased’s financial affairs without applying for probate. For example: If the deceased person did not own any property or property was jointly held and passed automatically to the survivor The deceased held a joint bank account with a husband, wife, or partner so the savings or bank account passed automatically to the joint account holder The deceased’s bank may consider the account balance small enough to release without the formality of probate [related_posts]  Is getting probate straightforward? The complexity of the probate process depends on how complex the deceased’s estate, family dynamics, and Will is. Sometimes getting probate is straightforward but there are often things to sort out or check such as: Entitlement to bereavement allowance Whether it is in the family’s best interests to change a Will after death (known as a deed of variation). Executing a deed of variation  can result in inheritance tax savings Resolve any inheritance claims by family or dependants who want to challenge the Will or do not think that they will receive reasonable financial provision under the intestacy rules Obtaining a presumption of death certificate Sorting out life insurance and pension claims – these benefits may or may not pass under the terms of the deceased’s Will Sorting out the creation and administration of any Trusts created in the Will Changing the appointment of Executors How much does probate cost? Some people have complex finances and businesses and there is therefore a lot of legal work to do to get probate. However, even if the deceased’s estate is not complex, it often pays for executors to get specialist legal help to make sure that the estate does not pay more than it needs to in inheritance tax and that the estate is distributed correctly. If you need help in applying for probate call Chris Strogen at Evolve Family Law for a quote. For expert advice on Wills and probate call our team of specialist probate lawyers or complete our online enquiry form.

In this article, private client and Will solicitor, Chris Strogen, looks at what types of assets are subject to probate. What is probate? Probate is the legal term used for sorting out the financial affairs of the deceased after someone has died. In essence, probate gives the persons dealing with the deceased’s estate the legal authority to sell assets and pay debt and distribute the estate to the beneficiaries of the Will. If you appoint a private client solicitor in your Will as your executor and trustee they will still need to apply for probate in the same way as if you appoint a family member or friend as your executor. Probate is designed to protect your estate and to make sure that the estate passes to the people named in your Will and only those authorised to do so in your Will (or a solicitor appointed on their behalf) can action the requesting of probate and then administer probate. Is probate always necessary? Probate isn’t always necessary. For example, if the estate is very small and the estate doesn’t comprise of property or land, you may not need to obtain a grant of probate. It is best to ask a specialist probate solicitor if a grant of probate will be needed and how long it will take to secure probate. [related_posts] What assets are subject to probate? When a person dies their assets are referred to as their ‘estate’. The vast majority of assets are subject to probate. However, some assets may fall outside the estate and therefore not form part of probate. For example , a life insurance policy or pension may not form part of probate, depending on the wording. If assets were jointly owned by the deceased and another person then they may not form part of the grant of probate if the property was owned by the deceased and the co-owner as ‘joint tenants’. That’s because if a property is owned as joint tenants, on the death of the first co-owner the property passes to the surviving owner. This is referred to as the ‘right of survivorship’. The property therefore does not pass by the Will and accordingly doesn’t form part of probate. The situation is different if property or land is owned by co-owners as ‘tenants in common’. When making a Will it is important to understand the different types of legal ownership of property and land so you can make the best decision for you on whether to buy as joint tenants or tenants in common and the legal implications of doing so. If you bought a property with a co-owner and want to convert your joint ownership from tenants in common to a joint tenancy or from a joint tenancy to tenants in common, then it is possible to do so. If an estate includes assets that are overseas, such as a holiday home, it is best to take specialist legal advice on whether those assets will form part of probate. What do you do if an asset is subject to probate? If an asset is relevant to probate then it will form part of the estate for the grant of probate. It is the grant of probate that gives the executors (or the probate solicitors appointed by them) the power to: Discharge any inheritance tax due. Inform banks and other relevant institutions about the death and close any accounts. Sell or transfer assets, such as listed shares, a property or land or shares in a family business. Sort out any leases, such as leases of land or farm or equipment. Pay any debts. Distribute the remaining estate in accordance with the Will. We are Manchester & Cheshire Probate Solicitors For legal help with probate or with a Will or estate planning call Chris Strogen at Evolve Family Law or complete our online enquiry form. Evolve Family Law offices are in Holmes Chapel, Cheshire and Whitefield, North Manchester but we also offer remote meetings by telephone appointment or video call.

Lawyers refer to ‘the probate’ of a loved one and often make assumptions that everyone knows what probate is. That certainly isn’t the case but sometimes, after the death of a loved one or relative, you are too upset or embarrassed to ask questions about probate and what it involves. In this blog we look at what probate is, what it involves and answer your questions about probate. What is Probate? Probate is the name of the legal process that may have to be undertaken when a person passes away to legally enable the deceased person’s assets , property and belongings to be sold or transferred in accordance with the Will or, if the deceased left no Will, under intestacy rules.   The word ‘probate’ is a legal term, like conveyancing for the legal work connected with a house sale or purchase. It is just a historic word for sorting out the legal paperwork after the death of the deceased. Do you always need to get probate? Not every estate needs to go through probate. It is a blessing if an estate does not have to go through probate as it saves the relatives and beneficiaries time and money if the estate of the deceased does not have to go through probate.   If you are uncertain if an estate will need to go to probate it is best to ask a Cheshire Probate solicitor who will be able, with a bit of information about the size and contents of the estate, to be able to tell you if probate is needed and, if so, how long it is likely to take and cost in legal fees. Does an estate have to go through probate if there is a Will? An estate doesn’t necessarily have to go through probate if there is a Will. That is because probate doesn’t depend on whether the deceased left a Will or died without a Will (intestate) but on the size of the estate and the type of assets it contains. That is why it is best to get specialist help so the estate doesn’t spend unnecessary money on probate if it isn’t needed. What happens during probate? If you are told that your loved one or your relative’s estate needs to go through probate then it is difficult to understand what takes the time unless you know what probate involves.   Probate is the technical term for the legal process of sorting out the property, money, possessions (called the estate) and the financial affairs of the person who has died. If the deceased died without leaving a Will then ‘letters of administration’ are needed before the estate can be disposed of in accordance with intestacy rules.   If the deceased died leaving a valid Will then a ‘ grant of probate ‘ is needed before the estate can be distributed to the beneficiaries in accordance with the terms of the Will.   Once the letters of administration or grant of probate is obtained then the next of kin or the executors of the Will have the legal authority to sell or transfer the assets in the estate, either according to intestacy rules or the provisions in the Will. Step by step guide to probate If you are the next of kin or the executor of a Will it can be frustrating to think that ‘nothing is happening’ but probate takes time because it involves: Identifying the deceased’s assets and liabilities. How difficult this is depends on the paperwork left by the deceased and the nature of their estate and any liabilities. This is the first step to see if probate is needed and to determine the value of their Estate Checking if the deceased died intestate or with a valid Will and identifying the relevant next of kin under the intestacy rules or beneficiaries under the Will Calculating the value of the estate and seeing whether any inheritance tax is payable to HMRC. A tax return has to be completed Applying to the probate registry for the letters of administration or grant of probate Once the documents are provided by the probate registry paying off any debts and liabilities from cash left by the deceased or selling assets to pay any debts that the deceased had at the time of his or her death and, where necessary, paying any inheritance tax payable on the estate to HMRC Preparing estate accounts to record the assets in the estate (including cash movements from the date of death of the deceased) to show what assets have been sold and what liabilities and debts paid. These accounts are approved by either the executors of the Will or, in the case of an intestacy, by the deceased’s next of kin Checking to make sure that there are no challenges to the Will or claims against the estate and , if not, arranging for the balance of the estate to be distributed to the next of kin entitled to the estate under intestacy rules or the beneficiaries under the Will. This can involve the sale or transfer of the family home or an investment portfolio. If the estate is large or complex then sometimes interim distributions are made until the estate can finally be sorted out and any final dispositions made to the next of kin or beneficiaries. [related_posts] Do you need a probate solicitor to get probate? You don’t have to use a probate solicitor to secure probate. The choice is yours. However, the size and the complexity of the estate might make it best to instruct a probate solicitor. For example, if there is likely to be inheritance tax payable or capital gains tax. Other scenarios that would justify using a probate solicitor to secure probate for the estate include: The next of kin in an intestacy or the executors of a Will don’t get on very well with one another or there are ‘trust issues’ One of the next of kin or the beneficiaries is very keen for the estate to be distributed very quickly and you don’t have the time to sort out the estate as quickly as they would wish There is the potential for the Will to be challenged, either by someone saying that the Will isn’t valid or that the deceased didn’t leave reasonable financial provision for a family member or dependant out of their estate. Claims can also be made against an estate if the deceased died without leaving a Will and a close family member or dependent says that the intestacy provision doesn’t make reasonable financial provision for them Protecting the executors from personal liabilities arising from acting as the executor of a Will. For example, protection from tax liabilities The complexity of the estate, for example does the estate include a family business or should a deed of variation be completed to minimise inheritance tax payable on the estate?   There are other reasons why you may want or need to use a probate solicitor and that is why it is best to talk to a probate solicitor about what getting probate involves and the costs and timescales before making a decision about whether to apply for probate without a solicitor. Cheshire probate solicitors If you have questions about probate or need advice on getting probate please call Chris Strogen at Evolve Family Law for a quote. Call or contact us online. Appointments are available in Holmes Chapel Cheshire or Manchester or by video conference, Skype or telephone appointment.