Give us a call and we promise it will be less expensive and less frustrating!

The number? Eastbourne (01323) 741200

The Law Commission (December 2011) have published a Report on what should happen when someone dies without a Will and for people living together.

Full details can be downloaded form the foot of this page.

We need an experienced probate case manager to join our team in Hankham, just outside Eastbourne.

Integrity is the most vital ingredient, but this is not a job for a trainee.

It could be full or part time or flexible hours – for the right person we can be flexible too.

Hankham is just near Stone Cross in Eastbourne and is easily accessible from Uckfield, Hastings, Bexhill, Lewes, Seaford.

Call o1323 741200 or email steve @Probated.co.uk

Probate Case Manager wanted.

Our friendly and co-operative approach to dealing with an estate after death typically results in a cut of probate fees of 75%  or even more.  As well as being a great relief to family executors who don’t really have the time or experience to carry out the work of probate efficiently. In the end both executors and beneficiaries can lose out – which may result in probate claims rather than low probate fees.

We have seen cases where folk have tried to avoid probate fees and and accidentally triggered needless £100,000 plus tax charges in Last Wills specifically designed to save inheritance tax!

If you do feel that you need some help, our job is to keep probate fees as low as possible. Please do contact us to find out how to cut probate fees.

Using The Probate Department to cut probate fees after a death will probably mean many extra thousands of pounds will be available for the benefit of your chosen beneficiaries if we help you to cut probate fees.

Free Guide and help cutting probate fees

Cut probate fees with our FREE fee saving Guide

Our probate fees are based on a simple hourly rate in most cases.  We will quote a flat fee based on full disclosure of the case, if that is your preference. We will deal with as much or as little of the probate work needed to wind up the estate as you wish.  The more work the family do, the lower the probate fees!

In terms of additional hidden charges, we just charge for significant things which we have to pay out.  We don’t charge for letters or phone calls (we might charge if they are overseas!) or stamps.  We will charge for Court Fees, Registrars fees, conveyancing and mileage etc.

Provided you are within reasonable reach of our main bases in Hastings, Eastbourne, Burgess Hill  and Worthing we can easily come to see you to get the details, and we have representatives in most areas of England and Wales.  And that can be outside of office hours if that makes life easier.

If you haven’t had a quote for probate fees from any professional executors appointed in your Will  - you should obtain one immediately, before it is too late, you are dead and they are left in sole charge.  It is then far too late to renegotiate the fees!  Solicitors often charge a “responsibility allowance” of as much as 1.5% of the entire value of your estate.  Plus their hourly probate fee rate which could be three times ours.

If you have appointed ludicrously expensive solicitors (they aren’t all!) or (worse) banks, why not contact us immediately for a Codicil to put your family back in charge, and able to negotiate sensible probate fees (preferably with us!)  You can still use the same bank or solicitors – if you wish.  But the family will appoint them after death and the family will then be in charge, not the professionals.  And if the don’t like the probate fees or their work rate, they are able to change.

We are on 01323 (Eastbourne) 741204

Cut Probate Fees

Probate:

• negotiating executor fees uk
• problem negotiating fee solicitor executor

Q: I’m not a relative of the lady,  but was a good friend.  She had no family and had promised to leave me her jewellery.  She lived some 100 miles away and I have no idea of the Solicitor dealing with her estate.  As I have heard nothing up to now (June 2011) am I to presume that she did not put this in her will, or could it be that the will has not been read/dealt with.  How can I find out?

A:

Probate Questions: A friend promised me a gift in her Will but…

Probate:

• promised in a will

How to pay for a funeral is a question we often get asked.   In many countries the vast majority of the population have dealt with the issue in their lifetimes by arranging a prepaid funeral plan, but these (whilst common) are not yet usual in the UK. Here are some possible ways to pay for a funeral.

1. In an ideal world there will be a prepaid Funeral Plan in place to pay for a funeral.                                          At the moment there is no national register of these, so you should ask older relatives if they do have one, otherwise the plan details may not be discovered until after the funeral has been paid for.   Check this site out for more information on how to pay for a funeral in advance with prepaid funerals plans.  You can even pay in instalments.
2. Some folk buy a life insurance policy as a way to pay for a funeral – typically, look out for monthly payments to Axa Sun Life, though other insurance companies offer similar plans.  These are mostly only going to pay out a sum intended to pay the cost of a funeral at the time they were taken out, though some do increase over the years.  Perhaps second best to a prepaid funeral plan.  In many cases these plans can’t be accessed quickly as they haven’t been fully advised.
3. The Bank might pay for the funeral!  Sounds unlikely, I know, but if the deceased had sufficient money in a current or deposit account to pay fro a funeral, most banks will pay a certified bill submitted direct to them by the undertaker.  At least the basics – don’t expect them to pay for a banquet after the event though.   The next of kin should contact the bank in advance, with a death certificate, to agree this.  It cannot be relied on 100%, and if the bank is owed money by the deceased, even if there is money in one account, they may well refuse to pay for a funeral.
4. I can’t pay for a funeral! Will the Social Fund Pay for a Funeral? If you’re on a low income and need help to pay for a funeral you’re arranging, you may be able to get a grant or loan to pay for a funeral from the Social Fund. You might have to repay some or all of it from the estate of the person who died. Find out more information including how to claim.
5. Undertakers will be keen to get paid!  But they are used to waiting a while, and may accept a modest deposit rather than lose the business.

We find it hard to believe that people don’t grasp the nettle and get things organised in advance.  The amount if bad feeling it causes is immeasurable, as every family member sees to have a view of how the funeral should be conducted. And all those views are different.  Add in the grief and pressure, and an explosion which may blow a family apart for ever will commonly ensue!

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Pay for a funeral – and organise it – in ADVANCE!

Don’t use the credit card to pay for a funeral!

Probate:

• how do we pay for a funeral
• prepaid funeral plans in tunbridge wells
• refuse to pay funeral uk

According to the Women’s National Commission, an estimated 500 women become widowed in the UK every day. But while losing your husband is devastating for any woman, for those who suddenly find themselves dealing with the family finances for the first time, it can also be very frightening.

“There are still a lot of women, particularly among the older generations, who have spent most of their lives without ever making any significant financial decisions,” says Ruth Dolan, a Chartered Financial Planner.

As an accredited Later Life Adviser and member of SOLLA (Society of Later Life Advisers), it’s a situation Ruth has come across many times.

“Often, as was traditionally the case, men took on the responsibility of handling all aspects of the family finances,” she says.

“In other cases, the husbands have taken full responsibility of the finances because they genuinely believe they are doing the best thing for their wife. Unfortunately, if he dies, their wife may feel utterly lost. It’s a daunting prospect for them when they have never had to deal with banking, let alone manage investments and savings.”

For those who have never even had to deal with day-to-day budgeting, the prospect of sorting out their loved one’s estate can make an already emotional and upsetting situation even more daunting, particularly if there is no will or the estate is complex.

“If your husband has always managed the family finances, you may be left totally unaware of what your financial situation is and how to cope,” says Ruth. “You’re suddenly faced with paying the bills, sorting out pensions and investments, and dealing with tax matters – all at a time when you are struggling to cope with your loss.”

But as hard as it is to focus on finances when you are bereaved, it’s crucial to take proper advice to ensure you can manage and also safeguard your family’s future.

“It’s important you know where you stand in relation to income, taxation, savings and investments and any life policies that are in place,” says Ruth.

“In the event of your husband’s death, your financial situation can change considerably. Your requirements may suddenly be very different so it’s vital that these are reviewed to ensure they meet your future needs.”

In the short term, you could be entitled to certain benefits to help you pay for funeral costs, as well as allowances, one-off payments and other benefits. These could include a Bereavement Payment (a lump sum), or a Bereavement Allowance (a regular payment paid for 52 weeks from the date of bereavement).

“Again, you should seek advice as soon as possible about your entitlements, as some benefits need to be claimed within a certain time,” says Ruth.

It’s also important to sort out your spouse’s tax and National Insurance as soon as possible, since there may be tax to pay or even a rebate due. If both you and your spouse were getting the basic state pension when they died, you may be able to use their National Insurance contributions to get extra basic pension. You may also be able to claim money from your spouse’s personal pension scheme or life insurance policy, or be entitled to a War Widow’s Pension.

In the long term, however, losing a husband’s regular income can leave you struggling to make ends meet on a single income. “Before you start dipping into savings, take a fresh look at your investments and aim to preserve your capital for the future,” says Ruth. “You may find that by simple restructuring of your investments you can generate additional income.”

It’s also wise to review your will when your partner dies to consider whether your wishes remain the same. It could also be that further inheritance tax planning is required if you haven’t considered this before.

You should also think about what help is available when it comes to making financial, health and welfare decisions if you become unwell or lose capacity. In these situations, a registered lasting power of attorney would be invaluable.

“It’s difficult to face all these issues at such an emotional time, particularly when you’ve never had to deal with financial matters before. But a sound strategy will help reduce the financial burdens and allow you to focus on what’s really important – coming to terms with your loss and hopefully moving forward,” says Ruth

Stephen Pett, MD of The Probate Department Ltd says “Sound advice from Ruth – if you aren’t local to her, we know many professional Independent Financial Advisers so we can no doubt introduce you to a local one.   When your partner dies it is crucial to get sound advice, especially if your advance planning has been less than perfect. We thoroughly approve of sound legal and financial planning – and you might even wish to read my ebook on the subject!! www.LegalPlanning.com

For our free guide to Probate click HERE.

When your partner dies

Probate:

• help you can get if your partner passes away

“To The Probate Department Ltd

from: XXX Kings Drive, Eastbourne

Dear Amanda/ Stephen,

Please find enclosed a cheque.  I’d like to thank Peter and everyone involved in my probate affairs.  I’m grateful for you making this experience a very speedy, stressless time, and at a reasonable rate.

I will be sure to pass on your details to any future clients and spread the word of what a fantastic service you provide.

Many, many thanks again.

MCS”

Probate:

• probate testamonials

Is mother entitled to anything?

I want to know if my mother is entitled to anything please. My sister died  9 months ago after having been married for only 6 months.  Proper to her death she had a will that named my mother as sole beneficiary to her estate. Her husband with whom she had not lived together or had any assets together is claiming  the whole of her estate under the law. Do we have a right to challenge, my sister was financially supporting my mother over the past 20 years as she gets very little in pension!!

Is my mother entitled to anything?

Answer: Unless her earlier Will was made with the marriage in mind (which would be documented) or after the marriage,  it was cancelled by her marriage.  Very few people seem to be aware that marriage cancels a Will in most cases, and either a new one needs to be made, or the old one “revived” with a special codicil.  Clearly, your sister may have made another one.

If there is no valid Will, then the Rules of Intestacy apply, and her husband is entitled to the first £450,000 of her estate, assuming there were  no children.   He also gets half of the balance over £450,000 and the other half of the balance is given to her parents (in this case, mother).  If there are no parents alive, then the balance is shared between her brothers and sisters.

So if she had a large estate, your mother would get something. Your mother could make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, normally within 6 months of probate being granted, so she should see a good contentious probate lawyer immediately as time is of the essence.  Your mother may well be able to make a claim under the Act if the husband will not make a sensible offer, which he may well.  Do make sure that the first letter from the solicitor is a friendly one – some tend to go for the .jugular straight away, and prevent any possibility of the family very working together.

Good luck!

Is mother entitled to anything?

Is mother entitled to anything?

Probate:

• can i make a claim on my sister\s estate if she was married
• deed of variation to sister for all siblings
• who is entitled to estate if no will
• who is entitled to the estate probate

Paying off Care fees:  they are a debt on the estate and may be secured on the home.

A: I think you will find that Paying Off Care Fees is required pretty soon to avoid Court action! If they are not paid off as quickly as reasonably possible, the executors are then ones who will end up in Court.

Depending on how much it is, any money ploughed into the house could also go to care fee repayment!

It doesn’t sound like her plan will work, unless she can raise the money to pay off care fees and buy your share too.  (Otherwise whoever they are owed to may force a sale – the executors should talk to them promptly and find out their attitude.)

I have attached a copy of a booklet on protecting assets from care fees so you can warn others.

Sorry!

PS The Local Council will not normally force a sale if the property is shared with a dependant relative over 60 or under 16 – which does not seem to be the case here.

The booklet at www.Asset-Protection-Secrets.co.uk is well worth reading through as it give several pays of protection your home against creditors – not just local authorities.  Other creditors can be ex-wives or husbands, unexpected business debts, Court awards for accidents, claims from people under the Inheritance (Provision for Family and Dependants) Act 1975 from people who think that the deceased should have left them something and all sorts of others.

Paying off care fees secured on the home

Probate:

• care fees probate
• paying care home fees debt to estate
• paying off a probabe
• probate and care home