WHAT IS PROBATE LAW IN MANCHESTER?
“Just a quick thank you your law firm were so helpful and accommodating for my mother and father in Manchester.”
“Our whole family would just like to take this opportunity to thank your law firm for all your help steering us through the process of finalising our parents estate. Finding a local family law firm in Manchester who have been diligent and patient has been an absolute pleasure”.
“My Father told me he is now greatly relieved that his will and other affairs are at last in order. Thanks so much for your help.”
What is Probate Law?
If you have been named as an executor in a will or if there is no will and you are being nominated as an administrator, then you will find that you have a ton of legal obligations to comply with. Of course, these obligations are nothing that an ordinary individual could not handle – especially with the help of a good UK executry solicitor. With that said, there are quite a few things that you need to know about such as “what is probate law” and why probate may be required. Furthermore, it will ultimately be your decision whether you enlist the aid of a UK executry solicitor in order to help you with what probate law is and your other duties/responsibilities as an administrator or an executor.
What Is The Difference Between An Executor and A Solicitor?
To clear up any confusion before we move forward, an executor and a solicitor both have the same function under UK executry law. The difference in their nomenclature denotes the difference in how they were appointed. An executor is specifically appointed if the deceased has a will, and an administrator is nominated by the UK Family Court if a will is not present.
When Is Probate Required?
As to the main question of what is probate law? This is simply the legal requirement by law for an administrator or executor to secure a grant of probate in order to be conferred with the authority to dispose of the estate of the deceased. Simply put, it is the right to deal with the affairs of the deceased and it is required by law. Of course, there are a few distinctions in what probate law is depending on whether the deceased died intestate (without a will) or testate (with a will).
In the case that the deceased left a will behind, and whether or not there is/are executor/s named in the will or not, the proper action to be taken by the administrator or executor is to apply for a grant of probate, which will cloak them with the legal authority to settle the affairs of the deceased. The legal term for this action is “administration of the estate,” the “estate” being all the properties and assets left behind by the deceased. All the debts and obligations of the deceased should be settled as far as the law allows and the estate should be disposed of in the manner stipulated in the will unless these stipulations are contrary to law.
Now, in case the deceased didn’t leave a will, the proper action is for the next of kin or closest living relative to apply for a “grant of letters of administration” with the UK Probate Registry, which would then make these persons the administrators of the estate.
Both the grant of letters of administration and the grant of probate serve the same function: They are the best proof that the administrator or executor has the legal authority to deal with the estate of the deceased – giving them access to the funds and properties of the deceased whenever questioned by private or public authority with custody over the deceased’s assets.
For any advise on wills, inheritance tax or estate planning as well as power of attorney get in touch today!