Wills & Probate
JMS Wills & Probate Solicitors, Greater Manchester
JMS are a firm of solicitors based in Manchester, UK. If you are looking for a solicitor to help prepare a Will, or to make sense of and deal with Probate, or you need advice on a particular aspect of Wills and Probate Law then we are here to help.
Contact us today on
Freephone 0800 781 7057
During what is often a difficult time for our clients, we are able to combine our experience and detailed knowledge with an understanding of the pressures particular to Wills and Probate law. In every case we focus on providing clients with permanent solutions in a constructive and cost effective manner.
Our solicitors have a wide range of knowledge and experience in dealing with Wills and Probate.
Wills
It is always advisable to have a valid Will to ensure that your wishes are followed after your death. If you are married or in a relationship it is beneficial to you and your family for you to have prepared a Will. A Will is used to state your wishes after you have passed away and so is there to provide you with peace of mind that your money and other assets will be distributed as you wish and that your dependents will be taken care of. If you do not have a Will your assets will be divided according to the Rules of Intestacy
JMS experienced Wills and Probate Solicitors are here to offer constructive advice on every aspect of preparing your Will and to help you to make informed decisions in relation to your property and assets. Our staff will help you to draw up your Will making sure that provision is made for all the people important to you, advise you on your assets to ensure protection of your wealth and arrange for your Will to be signed. Where appropriate we will always recommend that you take independent financial advice before we prepare your Will.
Probate
The process of dividing a person's estate after their death is known as Probate. In this area JMS are able to offer a assistance according to your needs and individual circumstances. Our service includes advice on Inheritance Tax and the Transfer of Property.
Please call JMS now on Freephone 0800 781 7057 for a consultation with one of our experienced Wills and Probate Law Solicitors. Alternatively for more information about the full range of our services please continue to browse our site.
Foreign Assets or Estate
Foreign assets or estate
If you own property abroad because of family connection or have bought second homes or businesses abroad then you should be fully advised about local laws regulating inheritance of land and other property. In certain civil law jurisdictions, children are automatically entitled to a fixed share of the estate regardless of any will to the contrary.
As your solicitor we will be aware of this possibility when preparing your will or when dealing with estates and may need to instruct a lawyer in the local jurisdiction.
When making your will, if you have foreign assets then it may be more beneficial to you to make a will in accordance with the requirements of the other jurisdiction to deal separately with those foreign assets.
In dealing with the estate of a deceased with foreign assets who was domiciled in England and Wales as your solicitor would need to establish whether a foreign will has been made. We may be need to instruct a lawyer of that country, to act on your behalf. Usually a grant will need to be extracted in England and Wales first but this does not apply in a country where the Colonial Probates Act 1892 applies, or in Scotland or Northern Ireland.
If the deceased died domiciled outside England and Wales but left assets in England and Wales (unless the Colonial Probates Act 1892 applies or the deceased was domiciled in Scotland or Northern Ireland) it will be necessary to obtain a grant in England and Wales.
Frequently Asked Questions
Wills & Probate – Frequently Asked Questions
JMS Solicitors based in Greater Manchester are here to provide you with information about all aspects of the law including Wills, Probate, Inheritance and Tax.
Wills
Why do I need a will?
You need a will if:
- You are in a marriage or a relationship. Your whole estate will not necessarily automatically pass to your spouse or partner upon death and depending on your circumstances, other members of the family could be entitled to make a claim against your estate
- You have children under the age of 18 the authorities may appoint a guardian you would not have chosen for them. You can use your Will to state YOUR wishes.
- You have assets in your name only. When you die your assets will be frozen until the completion of the administration of your estate, which could take months or even years and, could lead to financial difficulties for those your care about.
By having a will you can be assured that after your death your estate will be distributed in accordance with your wishes.If there is no will, JMS will be able to advise and assist on taking the appropriate course of action.
Probate
What is Probate?
A Grant of Probate is an order of the Court giving one or more people the authority to administer the Estate of the deceased in order to distribute the Estate to the beneficiaries.
When is Probate necessary?
Probate is needed when:
- The deceased has investments in their sole name such as Stocks, Shares or Insurance Policies. Financial institutions, banks, building societies typically holding such assets ask for a Grant of Probate to be produced before they will release funds.
- The deceased owned Property in their sole name and a Transfer of Property is required or it is to be sold.
Depending on your own circumstances, JMS offer various levels of assistance from giving advice on Probate, Inheritance Tax and Property transfer.
What happens to my house?
Joint assets
Where you and your partner have a joint legal interest in a property your share passes to them on your death. Where a property is owned by more than 2 owners, the death of one joint owner causes that share to pass equally to the remaining joint owners automatically (not withstanding what the Will says)
Joint assets are still subject to Inheritance Tax (IHT).
What happens to outstanding debt?
All debts (including loans to family members) must be identified.
All creditors must be informed in writing of the following:
- Full details of the executor or administrator
- when the Grant is expected to be issued
- when repayment is expected to be made.
Upon issue of the Grant the debt incurring interest will be repaid first and thereafter the frozen debt is repaid.
How is the estate distributed?
Once a Grant of Representation has been granted, all bank accounts have been closed, all property has been sold or transferred, all debts & taxes have been paid and the Estate Accounts have been made, then the estate may be Distributed to the Beneficiaries in accordance with the Will or intestacy rules (where there is no will in place)
If any Beneficiary is an undischarged Bankrupt it must be considered before funds are distributed to that beneficiary.
What is Capital Gain Tax?
There may be Capital Gains Tax arising during a person’s lifetime or the period of Administration of the estate.
Capital Gains Tax is where an asset valued at death (for example a property or shares) has increased in valued by the time of sale or disposal. However there are 'elections' which can be made (depending upon the asset involved) in order to mitigate such tax.
What is Inheritance Tax(IHT)?
Inheritance Tax is the tax that is paid on the deceased's 'estate'. This is everything the deceased owned at the time of their death, less what they owed. It's also sometimes payable on assets the deceased may have given away during their lifetime. Assets include things like property, possessions, money and investments.
Not everyone pays IHT and there are some exemptions, JMS will be able to advise you on this matter.
Rules of intestacy
For a consultation with one of our Wills and Probate solicitors please call us on Freephone 0800 781 7057. Alternative ways in which to contact us can be found on our contact page.
News
Landmark divorce ruling on hidden money
Protection previously afforded to thousands of people in divorce proceedings has been removed following a landmark Court of Appeal judgement.
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Divorce: Couples face new mediation rules and warnings
Divorces in England and Wales could become quicker, less stressful and cheaper, but there are fears people will miss out on advice.
Under government changes in force from 6 April, most separating couples will be expected to try mediation before going to the courts.
Couples can pay between £20,000 and £50,000 if a divorce case requires court time, said one mediation firm.
This could drop to between £5,000 and £10,000 if mediation worked, it said.
Scarlett Johansson divorce from Ryan Reynolds finalised
The Hollywood actors filed for divorce in December, two years after getting married outside Vancouver in the Canadian province of British Columbia.
Papers filed in court do not say how the pair will divide their assets.
Ryan Reynolds was engaged to fellow Canadian Alanis Morissette for three years but they ended their relationship in February 2007.
The 34-year-old has recently appeared in the film adaptation of the DC comic The Green Lantern and has starred in X-Men Origins: Wolverine, The Proposal and Definitely, Maybe.
Jennifer Lopez and Marc Anthony to divorce
"This was a very difficult decision," the pair said in a statement. "We have come to an amicable conclusion."
The couple, who have three-year-old twin children, said "we appreciate the respect of our privacy".
Lopez, 41, and Anthony, 42, toured together and starred together in the 2006 film El Cantante.
The film was a biopic of Puerto Rican singer Hector Lavoe.
The divorce will be Lopez's third and Anthony's second.
Lib Dems call for end to barriers to gay marriage
They supported a conference motion calling on "discriminatory" barriers to equal marriage rights to be removed.
One delegate told the conference that existing legal distinctions between marriage and civil partnerships "taunted" people who were not married.
Although Lib Dem ministers support the move, it is unlikely to have an immediate impact on government policy.
MPs in Catholic Malta pass historic law on divorce
The law is due to take effect in October if, as expected, it is approved by President George Abela. The prime minister voted against it.
Currently, Maltese people have to travel abroad to obtain divorces.
MPs passed the law by 52 votes to 11 with five abstentions and one absence, months after 53% of voters backed the reform in a referendum.
An Associated Press correspondent reports that the outcome in parliament is a crushing victory considering that most laws in Malta are passed by just one vote.
Divorcing parents can 'damage' children, says judge
Separating parents can do their children enormous harm by using them as a "battlefield" and "ammunition", a senior family court judge has warned.
Sir Nicholas Wall, president of the Family Division of the High Court, said well-educated parents were particularly adept at using their children.
Sir Nicholas said a less adversarial approach was needed in the family justice system.
He made his comments in a speech to the charity Families Need Fathers.
Plan to end ‘gold digger’ divorces
ONE of Britain’s leading family lawyers, Baroness Deech, says that assets built up before a marriage should be excluded from divorce settlements.
Deech, the chairwoman of the Bar Standards Board, said the country should adopt European-style divorce laws to bring an end to bitter and expensive legal battles and to deter “gold diggers” from marrying for money.
Under the proposed overhaul, only assets — including cash and property —acquired during the marriage would be subject to the divorce settlement.
£100m heiress Katrin Radmacher in Supreme Court prenuptial battle
A former City banker turned biotechnology researcher faces financial ruin if his former wife wins her battle to bind him to a prenuptial contract, the Supreme Court was told yesterday.
Nicolas Granatino is challenging his £1 million divorce settlement with Katrin Radmacher, a German heiress said to be worth £100 million.
The case before nine Supreme Court justices will determine if divorcing couples in England and Wales should be bound by pre-marriage agreements on how their assets will be split.