Probate Experts Cost Cutters
https://www.theprobatedepartment.co.uk
Free General Probate Signposting: we are not lawyers.Tue, 04 Nov 2025 09:45:13 +0000en-GB
hourly
1 https://wordpress.org/?v=6.9.4https://www.theprobatedepartment.co.uk/wp-content/uploads/2025/02/favicon-32x32-1.pngProbate Experts Cost Cutters
https://www.theprobatedepartment.co.uk
3232Business Opportunity
https://www.theprobatedepartment.co.uk/business-opportunity
Mon, 06 Oct 2025 10:29:02 +0000https://www.theprobatedepartment.co.uk/?p=21621A Trusted Resource in Probate and Estate Administration Since 2009
The Probate Department (www.theprobatedepartment.co.uk) has been guiding the public through the maze of probate, wills, and inheritance since 2009. Independently created and maintained, it has welcomed millions of visitors seeking help at a time when clear, impartial information is hard to find.
Now, after more than a decade and a half of single-handed stewardship, the site is seeking new partners, investors, or owners to help restore it to its former glory and develop it for the next generation.
A Unique Platform with Untapped Potential
The Probate Department combines wide coverage with local relevance — including hundreds of local pages offering guidance for every corner of England and Wales. It’s a trusted, keyword-rich domain with a deep content archive, high search visibility, and a long track record of organic traffic. But it needs new life breathed into it, as I just don’t have the time.
The site appeals to a wide range of professional and commercial interests, including:
Probate solicitors and will-writers – looking for warm, well-informed leads.
Financial advisers and wealth managers – seeking families in need of IHT and estate planning support.
Funeral directors and pre-paid plan providers – wishing to add value to their aftercare services.
Genealogists, tracing agents, and house clearance firms – who could benefit from direct referral or advertising exposure.
Legal publishers and training providers – interested in the established audience and SEO reach.
Straight forward local or national space sales
Commercial Opportunities
There are multiple ways to collaborate or invest:
Lead generation partnerships with local or national service providers.
Advertising or sponsored content
Expansion into Scotland and Northern Ireland, filling a major gap in the current UK coverage.
Editorial and content redevelopment to bring pages up to 2025 standards while maintaining the site’s approachable tone.
Affiliate partnerships with relevant services (funeral plans, will storage, life insurance, etc.).
About the Founder
The Probate Department was founded by Stephen Pett, a professional estate planner with over 25 years’ experience in Wills, Trusts, and Inheritance Tax planning. Since 2009, he has personally written, edited, and managed all content — ensuring independence and integrity.
Steve says:
“This site has always been about helping families through one of life’s most confusing processes. It deserves fresh energy, resources, and ideas — and could easily become the UK’s most trusted consumer probate portal again, with masses of commercial potential.”
Next Steps
Parties interested in partnership, investment, or acquisition are invited to contact: Stephen Pett 📧 st***@**************************co.uk 📞 01323 766766
]]>2025 Current Probate Court Fees
https://www.theprobatedepartment.co.uk/3870-increase-in-probate-court-fees
Thu, 04 Jan 2024 15:28:10 +0000https://theprobatedepartment.co.uk/?p=19761Having softened us with an even greater potential increase in Probate Court fees 2 years ago, which was squashed, the Treasury is now having another go at raising revenue by increasing those fees even further. But they have now done so, and the increase is not quite as alarming as originally expected, but it does hit lower-value estates harder than large ones. Until further notice, current Probate Court Charges are £300 + £16 (was £1.50 to 17th November 2025) for each extra copy of the grant. Solicitors pay the same now. For estates valued at less than £5,000, there is no fee. If probate has already been granted, it costs £20 to make a second application. For example, if you want to apply as an executor after holding ‘power reserved’ on the first application.
If probate has already been granted, it costs £21 to make a second application. For example, if you want to apply as an executor after holding ‘power reserved’ on the first application. You’ll have to pay the fee even if the value of the estate is £5,000 or less.
If you are applying for probate initially, and you have completed a PA1A or PA1P. The application fee is £300.
For example: you have requested 4 official copies in addition. The total fees would be £306. That is £300 + 4 x £1.50. NOW £460!
If you are only eligible for fee remission (see below) for the £300 application fee only (waiver or refund), then you must pay for the 4 official copies, as the additional fees are not covered by the Help with Fees Scheme. So that would be 4 x £16 = £64
Additional Copies of Grant and Will or Letters of Administration (with Will or not).
Please pay for any official copies you require when applying for probate at the payment stage of the online application OR send a postal order for the value of £16 per copy required or a cheque, made out to ‘HM Courts and Tribunals Service’ and sent to: HMCTS Probate, Scanning Department, PO Box 12625, Harlow, CM20 9QE.
Please send an accompanying note, stating the full name of deceased, date of birth and 16-digit probate reference, if known or write this information on the reverse if sending a cheque.
For general ‘fee’ queries, please email Probate at co************@*********ov.uk or call Probate on 0300 303 0648 (if you can get through)..
How to pay fees for Probate Applications
If applying by post, include a cheque with the application payable to HMCTS Probate for the full fee, including any copies required. The advantage is that when the cheque clears, you know your application has arrived.
If you forgot to include payment you can send a cheque with your case reference number (failing which, the full name and date of death of the deceased and your details) to HMCTS Probate, Scanning Department, PO Box 12625, Harlow, CM20 9QE. If you don’t have cheque book, you can send a Postal Order or get a cheque from your bank or building society payable HMCTS Probate. OR
You can ring the Probate Registry Helpline 0300 303 0646 with your case reference number (failing which, the full name and date of death of the deceased and your details) and pay by card – IF you can get through.
How to claim Probate Registry Fee Remission – discounts on the full probate fee if you qualify:
The Help with Fees Scheme page on Gov.uk provides information on applying for fee remission for the application fee (up to £273). Please visit Link 1: https://www.gov.uk/applying-for-probate/fees. You can download a form or do it online. If you can’t do that, call 0117 930 2430 and ask for an EX160 form to be sent to you. When complete, it goes to the Newcastle Probate Registry 2nd Floor, Kings Court, Earl Grey Way Newcastle-upon-Tyne, NE29 6AR.
For information on the new eligibility criteria for Help with Fees, which took effect on 27th November 2023, please visit Link 2: https://www.gov.uk/get-help-with-court-fees.
If making an application for Help with Fees online a ‘HWF reference’ will be populated. EXAMPLE: HWF-123-ABC. Please send the reference to the Probate Registry (NOT ME!) at pr*****************@*********ov.uk, along with the Probate application case reference number (16-digit) you have been provided with.
Please note that fee remission applications under the Help with Fees Scheme includes the application fee only, NOT fees for official copies.
You can also complete an EX160 form, which can be emailed to us, along with the Probate application case reference number (16-digit) you have been provided with. Alternatively, you can print off the EX160 form from Link 2, above, and send it to: Newcastle District Probate Registry, 2nd Floor, Kings Court, Earl Grey Way, Newcastle-upon-Tyne, NE29 6AR.
Free Marketing Ideas for FDs, Locksmith, Wake Venues, Celebrants, Florists, House Clearance
If you are involved in the chain of events which follows a death, 4 million people have been looking for you…. How to increase your share of the local market: Free Marketing Ideas for firms related to probate matters. Definitely not the definitive guide, but some ideas your competitors will NOT have thought of for sure. If there is only one useful idea, it is worth a read, or print the page off (but don’t forget to come back and check for new ideas – perhaps bookmark the page?) Think about how you could put your own slant on the ideas.
We don’t list lawyers but probate ones are welcome to have a chat to see if their services might benefit our clients. IFAs are listed generically.
The best idea is number 99 at the end of the page. tell us something useful about the area you are in, which is worth adding to LOCAL page, and we will add your phone number to your entry FREE.
PRINT PAGE[print-me target=”body”/]
Make sure you at least take up the free listing
in your town on The Probate Department (brokers) – details after these marketing ideas – currently number 14.
Then ask for 5 star reviews from your clients (we add it to every email – but that may not be ideal if you are top-end as some may just complain about prices!) Google review are free, and really make you stand out on a Google search. In ALL cases it is important that the format of Name Address and Phone is identical (it is called NAP). This allows to search engines to recognise all the listing being of the same business, which pushes you up the rankings
Local District or Town Councils are worth approaching too.
Other Local County Business Directories Listing Price: Usually Free
Who are your audience?
By and large, you are marketing to people in the last third of life – the spouses for older folk, the children for single people including second deaths. Care homes want a fast clearance, carers just need to have a positive view of you. Past users will spread the word if they are pleased, and far more if not!
Your Website
It is probably very pretty, but are there interesting articles in key areas relating to what people are searching for? Try looking at the possible search ides Google throws up when you start to type in a search. What do you do that makes you different?. Your favourite charities, your staffs hobbies, anything to make you more approachable. Use a search engine optimisation program at low cost to improve the site – which is a continuous process as everyone is playing catch up.
Follow the top information sources in your niche.
Make a list trade papers, grief specialists, funeral bloggers, funeral homes, florists, community leaders and gather links to their blogs and social media accounts. You can get ideas from them, and rewrite them in your own words, but don’t just write about what interests you, write about what interests your target age group predominantly: your audience are not FDs!
Decide which channels to focus your funeral marketing efforts on. Should you start a blog on your website? An email newsletter (way cheaper than posted ones)? Start with a couple, add more when you are confident. Video things are all the rage, and if you have a smartphone, you already have the equipment.
Just bear in mind that your firm should only be peripheral, your copy should be primarily about pretty much anything except you, but you could do swaps with other local businesses where you each have a little in each others newsletters.
To entice people over 60 to subscribe to your newsletter, you need to offer something they want – things like Free Wills Month, Care Fees review, clubs, recipes for single people, or those who can’t cook, meals delivered, food delivered, latest articles in Which?, offers from people you work with. Then talk to some older folk you know who are not FDs and ask them what would be helpful.
I don’t subscribe to the unsmiling image some firms portray, but make sure your profile, photos, bio and posts are professional, engaging and show who you are. While you’re at it, make sure every suitable employee at your business is using their personal social profiles to put a name to the faces at your firm. If your staff have interesting hobbies then why not feature them to convey a human image.
Your employment contracts should make it clear that any social media accounts which could be traced back to them as members of staff could reflect badly on the business – especially if they get sacked or join a competitor.
Maybe they should each contribute to the company account, perhaps one idea a week each – once they get in the habit, it becomes easier. Just a quote from a happy client, or a bit of local news.
Create a marketing calendar.
Try to set up a list of regular activities each month, and tick them off. For example:
New Facebook post weekly
New or revised page on your website monthly to include Search Engine optimisation of the page. Big changes are not essential, but each page should have its own key words, and other pages mentioning those words should link through to the “cornerstone page” a more detailed page on that topic.
Advert in one of the local buy and sell groups for one of your “lead magnets” – freebies to give away which are useful. Some ideas appear in the rest of the list.
Plan a Youtube channel, and you can embed the videos in your site too – or borrow other peoples where appropriate (just copy and paste the “embed” code – if you can edit your own sit).
I’m not a social media person, sadly, but it is important to look for the right audience, especially if you have specialisms, then you may have multiple audiences who need different messages,
Start an idea bank.
While you’re creating your marketing calendar, can record your marketing ideas as they come to you and your colleagues, and keep a list of what you have done and when – probably best in reverse order, so in time you will be able to review, update and recycle previous ideas. Even silly ideas may have potential so still add them to the idea bank. Competitors all over the world have ideas you can make your own,
Promotional Partnerships?
Who targets the same audience as you in your area? Would working together enhance your image or at least not damage it? Working with solicitors and Will writers and charities of course, for example.
Testimonials are essential for effective marketing for funeral directors.
Have them on your website, with photos if they are OK with it. You could even offer to photograph each funeral if someone has the skills. Have a testimonial binder in the front office, maybe even a testimonial board. Ask for testimonials from anyone you can, and maybe in the form of a client satisfaction survey – use it to find ways to improve. Clients and attendees will find problems you didn’t know existed and improving most of them where practical will boost satisfaction. Thank them for negative feed back or positive.
Social Media again
Keep an eye on local social media, post up your news and offer to post up details of forthcoming funerals (and maybe photos afterwards, but do ensure people are happy to be photographed). Follow progressive FDs and other media interest in the subject, keeping an eye open for blogs and posts that you can adapt to your own firm. Post up ideas and ask what people think – resummation, celestis, green funerals, natural burial, carbon offsets. How about Memes? (ask the kids).
Contests
Social media is a great place for tasteful contests – you supply a giveaway – theatre tickets, a meal or whatever to drum up support for local good causes.
Become Eco Warriors
but not too strident! Why not carbon offset: it is cheaper than you think if you know the right people! Support Natural Burial Grounds – or even get involved with new ones. You could even have a presentation on the topic to give live or add to your YouTube channel and website:
Live Chat
Add a live chat facility to your website – but do some research as the potential client will not be patient waiting for a response, but some will offer answers to standard questions once set up. A badly organised or run one is a negative factor.
Video Chat/ Meetings
Make that an option, ideal to get your personality over to people who like to chat first.
Could Bookings be made online, subject to confirmation?
People could book and pay online?
Let clients vote on which Local Charity to support – maybe 1st, 2nd and 3rd 50%, 30% and 20%.
Local Radio Advertising or maybe Hospital Radio?
Not always cheap though!
Be a Spokesperson
Set yourself up as a person ready to comment on matters related to your business area. Make sure the local press know you are always ready with a quote and have your mobile number. You could even have brief stories ready for well know locals and let the press know. These days, press staffing is minimal so saving work is appreciated. See 34.
If you have arty staff or children, these can be great on social media and adverts.
Story Telling
Your adverts should be stories, not sales pitches. Develop articles for the local press, especially if you have local celebrities – you might even end up writing the Despatched column!
Special Offers
If you businesses or individuals who regularly support you, maybe they could do more if you offered their clients a small discount or special extra service for nothing.
Low Cost Carbon Offset – not quite free but brilliant value!
This has to be the most cost effective carbon offset scheme out there!
Do they all know enough to answer standard questions? Are they all aware of the vital importance of checking phone numbers have been written down correctly? I always think it is good to ask for the email too for that inevitable occasion where the phone number is wrong! Are they all friendly and professional? Will they stand outside the crematorium or cemetery smoking while late arrivals appear? Are they all friendly, approachable and professional? Are your rules for their behaviour where clients may see them absolutely clear?
I do quite a lot of searching for businesses (but don’t click on paid ads) and it is noticeable that many people bid on their own website name (if it is an established and well optimised site, it should come up organically) and more importantly their advert comes up for anyone based in their area but searching for you in quite another area, even US businesses, so the geographic targeting is not correctly set up. This reduces the important click through rate, and increases your cost per click. Only national firms don’t have a major problem with this potential financial drain. For example, I am in Sussex and searching for businesses in Birmingham brings up paid adverts for Sussex ones.
99) More to follow, but the following is about how YOU can benefit from this site, the destination of over 3.8 million visits so far.
The easiest and most cost effective marketing!
To help subsidise the running of this site and move towards 4 million page views, we have added several ways for funeral directors to advertise in their local areas, and are gradually rewriting all of the related pages. Old listings will be removed in time. The actual costs vary roughly in line with the population of the area covered. An office can only have one free entry.
The cheapest way is FREE – just add a comment and some helpful information – another business who should be listed, or a local facilty we were not aware of at the bottom of the page covering the area you are physically in and basic contact details, but links or email addresses are NOT allowed in free adverts except for those who provide us with link backs or fully support improvements on the relevant page – ask.
Fred Blogs Co, 27 Arkwright Avenue, Pleasanton. BN6 2PN FREE.
Fred Blogs Co, 27 Arkwright Avenue, Pleasanton. BN6 2PN 01323 384041 FREE with a useful idea for the page.
Fred Blogs Co, 27 Arkwright Avenue, Pleasanton. BN6 2PN 01323 384041 Covering Pleasantown and Pleasantville. level 1 cost £15 to £30 a year
Fred Blogs Co, 27 Arkwright Avenue, Pleasanton. BN6 2PN 01323 384041 in**@*******gs.com Covering Pleasantown and Pleasantville level 2 cost £15 to £30 a year
Fred Blogs Co, 27 Arkwright Avenue, Pleasanton. BN6 2PN 01323 384041 in**@*******gs.com Covering Pleasantown and Pleasantville
We specialise in blah blah – call us! Level 3 cost range £15 to £30 a year
Fred Blogs Co, 27 Arkwright Avenue, Pleasanton. BN6 2PN 01323 384041 in**@*******gs.com Covering Pleasantown and Pleasantville
We specialise in all sorts of wonderful areas and you should see our range – visit our website for more information Level 4 cost range £40 to £100 a year.
If you would like a more detailed advert – still free – and you can supply some useful information for the public that we can add to the page, just include it in your submission (use the Comment link) on the page and I will give you some extra space, dependent on how useful the information is!
If you are happy to do a link to any page on our site As long as that link stays up, you can have a brief text write-up with your phone number and areas covered in the Funeral Directors section of the actual relevant page, which will carry more weight than the comments section.
You can see the currently rewritten pages below where we haven’t started contacting FDs in, (we’re not a sales organisation!) with costs – and we can always add your area to the work list.
Additionally, there is the page sponsorship option:
which varies in cost from £95 a year (or £9.50 a month) up to £300 a year (£30 a month) depending on the size of the area (related to population). Modest discounts for multiple areas or for substantial ongoing help in making the page more useful to the public.
This banner indicates that the sponsorship is probably still available on that page, so why not get in touch before a rival bags it? You won’t get any sales spiel! Banner cost is £150 to £300 a year (£15 to £30 pm). Direct cremation banner (below) is £95 to £150 a year (£9.50 to £15 pm).
Speak to Steve on https://www.theprobatedepartment.co.uk/contact-us-for-probate-help or use the form below to enquire about marketing on this site.
[contact-form to=”st***@*********************co.uk” subject=”Marketing Enquiry”][contact-field label=”Name” type=”name” required=”1″][contact-field label=”Email” type=”email” required=”1″][contact-field label=”Website” type=”url”][contact-field label=”Banner or Free Entry ” type=”checkbox-multiple” options=”Banner quote,Free Entry with phone number in return for link,Free phone number in return for useful info to add to page.,Clickable phone number cost please,How much would it cost to add the information in the box below?”][contact-field label=”Page you are interested in” type=”name” required=”1″][contact-field label=”Your questions” type=”text”][/contact-form]
]]>First Born Child’s Rights – the Effects of Primogeniture
https://www.theprobatedepartment.co.uk/first-born-childs-rights
Mon, 18 Sep 2023 09:20:17 +0000https://theprobatedepartment.co.uk/?p=19763
Eldest Child’s rights: what are they?
My father has died and his property has been divided up between my brothers and other siblings. I am the first born in wedlock therefore what claims do I have on my father’s property?
Answer: Firstborn child’s rights – Primogeniture – does it matter?
If there was a Will, then that is likely to decide the distribution, unless anyone who has a right to some form of maintenance has been left out and a claim made. There seem to be exceptions with inherited titles, which are inherited by the eldest child – as long as he is male – though more modern ones are lifetime titles which are not inheritable – but I stray for the main point.
Does primogeniture matter, legally?
I should pick up the point of “born in wedlock” as there is no disadvantage of being born out of wedlock in terms of entitlement under the intestacy rules – with the exception that if you are adopted elsewhere, then you no longer have an entitlement under those rules – though there may be other facts which could lead to potential rights – see below.
If there was no Will, then all natural or adopted children would share equally, eldest child or not. It is an interesting point that if any of your siblings had been adopted by another family, they would have lost all rights to your father’s estate. It is also possible for the Courts to effectively amend the Rules of Intestacy where one or more children are entitled to maintenance, but this must be through Court action.
The (eldest child) firstborn has exactly the same rights as the rest in the UK – at least as far as inheriting normal property is concerned. There has been a difference in inheritance rights in the past, but it no longer applies unless in response to instructions within the Last Will and Testament.
In England and Wales, the first-born child does not have any special rights under the law upon the death of their parents. Indeed, the legal spouse or civil partner will have priority (click through to the rules below) and in many estates, take everything. Again, some types of ownership in shares automatically pass to the survivor (but with care, as the law is frequently applied incorrectly where mere signatories to a bank account – for example – are allowed to inherit it when they may have no legal right to do so.
The law in England and Wales does not recognize the concept of primogeniture, which is the right of the firstborn child to inherit the entire estate of their deceased parents. Instead, the law (rules of) of intestacy (which applies when someone dies without having made a Will) sets out how the estate of the deceased person is to be divided between their spouse or civil partner and their children, grandchildren, and other relatives.
Under the intestacy rules, the first-born child is entitled to an equal share of their parents’ estate with their siblings. If the deceased person has a spouse or civil partner, the surviving spouse or civil partner is entitled to the bulk of the estate, and often all of it – see the Rules of Intestacy. Primogeniture – being the oldest – is not a benefit when it comes to inheriting, or indeed in dealing with the estate of a deceased parent.
However, it is important to note that these are just the general rules of intestacy. If the deceased person made a Will, their Will will override the intestacy rules and the estate will be divided in accordance with the terms of the Will. Once again, being the firstborn child gives rise to no special rights.
Therefore, it is important to ensure that you have a valid Will in place if you want to have any control over how your estate is distributed after your death.
In fact there are many situations where the Rules may be overridden by the Courts depending on circumstances – here are a couple of examples. Agin, it makes no difference if you are the eldest child:
Where an individual is financially dependent on the deceased, who has habitually maintained them. (Commonly referred to as the Inheritance 1975 Act).
Where an individual has been promised a certain inheritance in return for making a significant personal sacrifice – this is most common in businesses, often farming ones, where one child works on the farm for low wages on the promise that they will eventually inherit. The technical jargon is “proprietary estoppel.”
If you think special circumstances may give rise to additional rights, it is crucial that the issue is raised at the earliest possible moment, as otherwise it may be too late and the rights can be lost. Check out the two pages immediately below or give us a call on https://www.theprobatedepartment.co.uk/contact-us-for-probate-help
]]>The importance of reviewing empty property insurance after a death
https://www.theprobatedepartment.co.uk/the-importance-of-reviewing-empty-property-insurance-after-a-death
Fri, 18 Aug 2023 09:29:04 +0000https://theprobatedepartment.co.uk/?p=19764
When the owner of a property sadly passes away leaving their property unoccupied, the existing insurance may not be appropriate.
Even if you contact the previous insurer to continue the insurance, there may be policy conditions that are difficult to comply with. This is because most home insurance policies are not designed to cover long-term unoccupied properties.
From the insurer’s perspective, unoccupied properties are a higher risk and as such require a higher premium and additional policy conditions to reduce the possibility of claims.
The most common claim is a result of the escape of water, which undetected can be a significant loss. Others:
theft,
vandalism
fire
All these and more are far greater risks for unoccupied property.
For this reason, insurers will usually add new policy conditions to the policy, such as:
Frequent property inspections which require the property to be checked at a specific frequency, which can vary by insurer. It is common for inspections to be required every 7 days. Some insurers may allow inspections every 14 days. Most insurers will require written evidence of these inspections which need to be provided in the event of a claim. If the property inspections cannot be evidenced an insurer could reject a claim.
Draining down water systems is another common policy condition. If this condition is added and the system is not drained, claims from escape of water may not be covered.
Applying a reduced single article limit on contents cover. Unoccupied properties pose a greater risk of theft, so all valuables such as jewellery, art work or collections should be removed from the property and put in safe storage. If the insurer is still prepared to cover the contents, they may apply a reduced single article limit.
The Risks to Executors of empty property buildings insurance – and more – and how to reduce them
From the executor’s perspective, the empty property buildings insurance (and if needed, contents insurance) needs to be insured in the name of the estate. This ensures the proceeds of a claim have somewhere to go i.e. the estate. Some insurers may have trouble with that, causing all sorts of issues if a big claim happens and the benefit goes outside the estate!
Also, executors need to understand that arranging suitable property insurance is their responsibility. So is ensuring the policy conditions are understood by all the executors and personal representatives. If one executor fails to comply with a policy condition, it can create a liability for all.
Imagine that the property has had its water systems drained down. But one executor refills the system to put the heating on whilst visiting the property. If there is now an escape of water claim that isn’t insured, all executors would have to foot the bill. ·
I refer people to a provider who specialises in the area, and they provide a very useful empty property Guide (and more to executors, so why not check it out and ensure you really do have the right protection in place…..
]]>Mutual Will or Mirror Wills?
https://www.theprobatedepartment.co.uk/mutual-will-or-mirror-wills
Tue, 08 Aug 2023 09:26:17 +0000https://theprobatedepartment.co.uk/?p=19765
by IDR Laws Sophia Brackenbury
Mutual or Mirror – the diffence is crucial
(Note from Steve – Mutual Wills are potentially very dangerous and there are other ways of accomplishing the same thing – get advice!)
Although sometimes mirror wills and mutual wills can be confused, they have very distinct effects on the administration of an estate.
This is an interesting case which highlights the difficulties of arguing that a mirror will was intended to be a mutual will and the consequences of failing to agree a legally binding contract between the individuals who wish to form a mutual will.
The background to this particular case is that in 2017, husband and wife Reginald and Maureen executed mirror wills which left their respective estates to each other and the residue to their four children in equal shares. On 16th March 2019 Reginald died and Maureen took his estate. On 16th August 2019 Maureen executed a new will (“the 2019 Will”) leaving her entire estate to her son Brett, the defendant in this litigation and one of the four beneficiaries named in the previous mirror wills. Maureen died shortly afterward executing the 2019 Will on 27th August 2019.
Disinheriting step-children
The effect of the 2019 Will disinherited the other three children (her step-children). The three children claim that the 2017 wills were “mutual wills” by which Maureen’s estate came to be held in trust for all four children equally under the mutual wills doctrine. Brett contested that and sought that the 2019 Will be upheld. Whether there were effective mutual wills (rather than mirror wills) is the subject of this case.
The claimants also sought to rely on the doctrine of proprietary estoppel to engage the doctrine of mutual wills.
Mutual wills
The principal of mutual wills was set out in the case of re Dale, decd [1994] Ch 31 at p37D as follows:
“The doctrine of mutual wills is to the effect that where two individuals have agreed as to the disposal of their property and have executed mutual wills in pursuance of the agreement, on the death of the first (“the first testator”) the property of the survivor (“the second testator”), the subject matter of the agreement, is held on an implied trust for the beneficiary named in the wills. The survivor may thereafter alter his will, because a will is inherently revocable, but if he does his personal representatives will take the property subject to the trust.”
This case considers in detail the requirements of a mutual will and the difficulty the claimants had in trying to prove that a “a legally binding obligation” was present rather than what Lord Loughborough LJ in Lord Walpole v Lord Orford (177) 3 Vew Jun 402, 419, described as a mere “honourable engagement”.
Upon appeal to the High Court, the appeal Judge Sir Anthony Mann dismissed the appeal finding in favour of the defendant and upholding the 2019 Will which disinherited the 3 children despite Maureen’s assurances to her husband when drafting the 2017 Wills that she would not do this.
It was found that “What is required to establish mutual wills is a clear agreement, whether strictly contractual or not. Expectation, or trust, is not enough. The evidence in this case established only trust.” [emphasis added].
Proprietary Estoppel
In relation to proprietary estoppel, there is no comprehensive definition however it is widely accepted to be based on three main elements;
a representation or assurance made
reliance by the recipient
detriment to the recipient in consequence of his (reasonable) reliance.
In this case, the appellant Judge found that in the circumstances there was “neither the necessary representation intended to be relied on, nor reliance on any such representation” and as such the doctrine could not be applied.
However, interestingly, he stated “at least as a matter of principle, it is not easy to see why an estoppel should not operate in the realms of mutual wills if the evidence were clear enough (though in practice there may not be many cases where it would be likely to operate). Mutual wills operates in the realms of equity in order to prevent injustice, and that is what estoppels do as well.”
Therefore, whilst this principle wasn’t considered any further (given the decision on the facts), it raises an important point which could be referred to in future cases, where the facts allow it.
Practical takeaway Mutual v Mirror Will Dispute
This case serves as a reminder and warning to those individuals who enter into mirror wills believing that upon their partner’s death, their earlier wishes will be carried out. The doctrine of testamentary freedom applies to that surviving partner to do what they want with their estate even if that is not in accordance with the mirror will they entered into. Some may find that unfair however, this does provide protection for the surviving spouse in the event that the circumstances of the beneficiaries pursuant to the mirror will change. For example, if one of the beneficiaries required more financial assistance than the others or there was a family dispute, it allows for the surviving spouse to account for those changes by making a new will.
As we know, there are no forced heirship laws in England and Wales and therefore, as occurred in this case, if you die first, leaving your entire estate to another on the mutual trust that they will carry out your wishes, this could result in the disinheritance of your nearest and dearest.
Further, if a mutual will was intended, there is a strict application of the requirement to find a legally binding agreement was entered into rather than a mere expectation on the basis of mutual trust.
From a practical perspective, when advising clients in relation to claims such as these one must advise the client about the risks in pursuing a claim when your key witnesses, the two parties to the “agreement” (whether that be a moral or legal agreement) are deceased.
Therefore, the Will writer’s evidence will be of paramount importance. Full and detailed notes of meetings with clients which set out the instructions provided by the individuals, together with the advice given are essential. However, this case also highlights that it is not simply what is in those notes that is relevant but what is omitted can be equally relevant. Although the solicitor, in this case, was able to accurately recall the meeting and provide a full note of the meeting as evidence, we know all too often that this is not always the case.
Finally, the doctrine of proprietary estoppel could be applied to these cases however potentially only in very limited circumstances with sufficient clear evidence to support that a promise had been made and relied on by the recipient to their detriment.
]]>Grandmother evicted by Daughter – Don’t Give Your Home to the Children!
https://www.theprobatedepartment.co.uk/grandmother-evicted-by-daughter
Fri, 14 Jul 2023 09:13:00 +0000https://theprobatedepartment.co.uk/?p=19766
Grandmother evicted after giving £1.4m home to daughter for ‘inheritance tax reasons.’
(Please do not give your home to the children in an attempt to save tax or avoid care fees: things can go wrong as this probate dispute shows. We can arrange planning advice which would have helped with some aspects of this sad case. Steve)
An 82-year-old grandmother has been evicted from her home after losing a court battle with her daughter to whom she had given the home for “inheritance tax reasons”.“Steve @ The Probate Department adds – all this in a bid to save Inheritance Tax which anyone with any understanding of the Tax would know was going to fail as the grandmother would have needed to pay a full market rent to her daughter, who would have been taxed on it, to make the IHT planning work. Equally, if the daughter had died, got divorced or was made bankrupt, the Grandmother could have been made homeless. DIY IHT planning can be dangerous.”Norma Gibbons and her daughter Dawn Gibbons, 52, lived together in upstairs and downstairs converted flats in Norma’s £1.4 million home of 40 years in Earlsfield, south west London.The Central London County Court heard Norma had willingly transferred the freehold of the entire building, including her upstairs flat worth £600,000, into Dawn’s name in 2004 as a gift to avoid inheritance tax (IHT).Dawn, who lived in the ground floor flat worth £800,000, is said to have had a good relationship with her mother Norma until 2008, when their relationship broke down over tensions that arose following the birth of Dawn’s child.Their feud saw Norma make 155 false calls to police making allegations about Dawn, as well as calls to social services and a “campaign of harassment” upstairs involving loud noises and the deliberate creation of water leaks into the downstairs flat.When Dawn sought to fix the leaks, Norma would not allow any tradespeople into her flat. Dawn served her mother with court orders which were subsequently torn up and thrown into the garden, the court heard.This led to the case going before Judge Alan Johns KC at the county court in 2022 where her mother claimed she had been “tricked” into making the gift in 2004 – a claim rejected by Johns J.Nonetheless, Norma continued to prevent tradespeople entering her flat, and subsequently Dawn sought to have Norma evicted in November last year.The case came before Judge Nigel Gerald. Lara Simak, representing Norma, said she wouldn’t have made the transfer if she knew of the possibility of an eviction, and that she had an “expectation to live there for the rest of her life” which must have formed part of any transfer agreement. “Certainly, she didn’t expect to be kicked out of her flat by her daughter, otherwise she wouldn’t have transferred it,” said Simak.Gerald J rejected this defence, suggesting that a claim that there was an agreement she could stay for life and a claim that she was “tricked” are incompatible. He added any hope she could avoid eviction based on this defence “[existed only] on cloud nine, not on Planet Earth”.Granting Dawn’s request for her mother to be evicted, Gerald J said:
“On 12th May 2022, Judge Johns determined that the flat had been gifted by mother to daughter on 19th August 2004 with the aid of a solicitor and without daughter even knowing about it,’ he said.From that, it will follow that it was an outright gift. It would appear that that was part of some sort of tax planning.It would also follow that mother was a bare licensee of the flat, so that following the daughter’s 20th November 2022 notice terminating the licence as of 5th December, mother was obligated to vacate possession of the flat.Dawn told me that whilst she is unhappy about all the alleged harassing behaviour of her mother, it is not something she requires a determination of this court on.She therefore before me simply asks for an order that her mother give possession of the property forthwith.It would perhaps seem to an observer somewhat astonishing for a daughter to seek possession from a mother in her 80s – that is essentially a moral judgment and observation.But if anybody were to look at the extent of the allegations by the mother against the daughter and that the daughter has been the subject of multiple harassment issues, an observer might reach the conclusion that she had been pushed to her limit.I will order that the defendant give possession to the claimant forthwith. Hopefully, this will bring matters to an end.”
Norma was also ordered to pay £10,000 costs.Tanya Lloyd, Senior Associate at Wedlake Bell, commented:
“Individuals should not be lured into a false sense of security that simply transferring an asset to a family member is sufficient. Professional advice should always be sought. This case demonstrates that transferring the property was the easy part. There are other legal and tax considerations, as well as family considerations, which Mrs Gibbons doesn’t appear to have been properly advised on and which meant that once the relationship broke down the whole arrangement failed.The aim by individuals to reduce their inheritance tax bill should not cloud other potential consequences of this type of planning that, unfortunately, as professionals we see often. In this case, it was a breakdown of relationship, but bankruptcy, divorce and loss of mental capacity can have unexpected consequences in these types of cases.This case highlights the risks that can arise with transferring property to a loved one.”Article from Todays Wills & Probate.
Please don’t simply give your home to the children without advice!– there are things which can be done, but that is one of the most dangerous! Contact us and we’ll put you in touch with a professional adviser.
]]>New ‘pay as you go’ unoccupied probate property insurance
https://www.theprobatedepartment.co.uk/new-pay-as-you-go-unoccupied-probate-property-insurance
Fri, 30 Jun 2023 08:45:22 +0000https://theprobatedepartment.co.uk/?p=19767Insuristic, who specialise in providing insurance for the estate administration market, today announced the launch of Probate Pro, a new insurance product designed to help regulated legal firms administer vacant property insurance during probate. As an earlier article on unoccupied property insurance states – if it burns down and the insurance won’t pay out, the executors are liable! This page is primarily for professional firms.Rob Faulkner, CEO of Insuristic stated:“Arranging insurance for vacant properties can be inefficient and costly. There are many insurance providers to choose from, often with policy conditions that can be difficult for executors to adhere to, leading to problems when there is a claim. That’s why we have created Probate Pro, a clear, affordable and easy way for regulated law firms to administer insurance online for unoccupied properties in probate.”The Probate Pro policy contains no ambiguous policy conditions nor do firms have to be contractually liable to arrange the property insurance. What’s more, all premiums are charged monthly on account without any interest. No fees are charged to issue, cancel or change a policy.Probate Pro offers a wide range of coverage to give peace of mind for firms, executors and beneficiaries. Here are some of the key product benefits:Probate Pro users can administer their policies efficiently using their own online portal.Getting a quotation is easy, as we only ask minimal questions about the property.Users don’t need to worry about working out the building sums insured for most properties with 4 bedrooms or less as Insuristic applies a blanket rebuild sums buildings insured of £750,000.Properties can be considered with a rebuild value up to £1m on the Scheme. Larger properties can be considered offline by SJL Insurance.There are no minimum-security conditions. So there is no need to worry about the types of locks on the property. We simply need confirmation that the property is secure.£10,000 of contents cover as is included as standard, with the option to extend cover up to £30,000 if required.Properties covered by Probate Pro vacant property insurance only need to be inspected every 30 days. This can be done by anyone with a mobile phone. Inspections are evidenced by taking a single picture of both the outside and the inside of the property.If draining the water systems is a problem, the Probate Pro product can still provide cover for Escape of Water up to £10,000.Renovations are covered without charge, providing the project costs less than £50,000 and doesn’t involve structural alterations to any walls or the roof.Corin Holness of Sail Group and Board Advisory Member at the Best Foundation said:“We like to work with Insuristic because they have really thought about the needs of the customer in Probate, whether that be us as a firm, the executor or beneficiary. We also like the fact Insuristic are developing multiple product offerings for the benefit of the vacant property insurance market.”To learn more about Probate Pro property insurance CLICK.
]]>Coroners Report 2022
https://www.theprobatedepartment.co.uk/coroners-report-on-2022
Fri, 12 May 2023 09:35:13 +0000https://theprobatedepartment.co.uk/?p=19768Main Points of Coroners Report 2022
Increase in the number of deaths reported to coroners in 2022
208,400 deaths were reported to coroners in 2022, the highest level since 2019 – up 7% (13,300) compared to 2021.
36% of all registered deaths were reported to coroners in 2022
The proportion of registered deaths in England and Wales reported to coroners is at the highest level since 2019.
Deaths in state detention, down 8% in the last year
534 deaths in state detention were reported to coroners in 2022 (down from 580 in 2021), the decrease was driven by a 20% fall in deaths in prison custody.
Post-mortem examinations were carried out on 43% of all deaths reported in 2022
There were 90,200 post-mortem examinations ordered by coroners in 2022, a 7% rise compared to 2021. The proportion of reported deaths requiring a post-mortem has remained stable over the same period.
11% more inquests opened in 2022
36,300 inquests were opened in 2022, up 11% compared to 2021.
Inquest conclusions up 10%, the largest rise seen in natural causes, accident/misadventure and unclassified conclusions
In 2022, 35,600 inquest conclusions were recorded in total, up 10% on 2021. Natural causes, accident/misadventure and unclassified conclusions had the largest increases, up 40%, 14% and 7% on 2021, to 5,100, 8,800 and 8,700 inquest conclusions in 2022 respectively.
Average time taken to complete an inquest fell by less than one week
The estimated average time taken to process an inquest decreased from 31 weeks in 2021 to 30 weeks in 2022.
Prevention of Future Deaths reports down by 8%
403 Prevention of Future Deaths reports were issued in 2022, a decrease of 8% compared to 2021.
This annual publication presents statistics of deaths reported to Coroners in England and Wales in 2022. Information is provided on the number of deaths reported to coroners, post-mortem examinations and inquests held, and conclusions recorded at inquests.
]]>Vulnerable Widow Protected by Inheritance Act Case
https://www.theprobatedepartment.co.uk/contest-a-will-1975-act-protects-widow
Fri, 31 Mar 2023 09:19:21 +0000https://theprobatedepartment.co.uk/?p=19769The solicitor behind the recent Inheritance Act 1975 claim case of Kaur v Singh has said an “important precedent has been set” after helping a vulnerable widow secure her fair share of her late husband’s £1.9 million-plus estate despite being left out of his will.The case of Harbans Kaur (Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam)) has made headlines across the UK after the High Court ruled that the 83-year-old widow should be entitled to financial provisions to support her in later life.
Within the original will, her husband Karnail Singh determined that his two sons should inherit his estate and that his wife and four daughters would receive nothing.In response, Mrs Kaur decided to take legal action as she was left without financial support to assist her with her complex care needs and had to move in with one of her daughters.High Court Judge Mr Justice Peel was told that Mr Singh had outlined how the estate should be left “solely down the male line.” This was despite, as the judgment says, Mrs Kaur making a “full and equal contribution to the marriage” through her work in the family clothing business and as a wife and mother. It was therefore clear that “reasonable provision” had not been made for Mrs Kaur who was reliant on state benefits of around £12,000 after her husband’s passing.Meadows Ryan’s Jessika Bhatti, acting on behalf of Mrs Kaur and represented in court by Oliver Ingham, sought to secure fair financial provisions for her to support her lifestyle requirements.Jessika applied for the matter to be disposed of summarily and it then proceeded to the Family Division of the High Court and was effectively undefended by Mr Singh and Mrs Kaur’s two sons.As a result, Mr Justice Peel disposed of the matter without a trial and published his findings that set out a new, important legal precedent.In his conclusion, the court found that the deceased estate failed to make reasonable provision for Mrs Kaur and that she should receive half of the net value of the estate and an interim payment of £20,000.Speaking after the case, Jessika Bhatti said:
“I feel privileged to be a part of an injustice made right. This judgment has opened the door to many other families and individuals who find themselves in similar circumstances.My client’s age, ill health and acute financial needs were the driving force behind this case, and it is with great honour that our legal system was able to overturn an injustice.The case will now act as a precedent to ensure the most vulnerable individuals seek justice at the earliest opportunity without enduring the unpleasantries of a trial.”
Following the outcome of the case, Jessika revealed that she had been contacted by several individuals who felt they have been disinherited under similar circumstances and who she was now assisting.She said that separation through a divorce, rather than death, would have afforded Mrs Kaur more rights and the courts would have started at a point of a 50% share of matrimonial assets.However, she said that the current justice system had “strong provisions” to challenge a will, which this case had demonstrated.Jessika said that not only did the case provide other disinherited family members with an option for legal redress, but that it should stand as a stark caution to other solicitors about the dangers of disinheritance.“In this case, we were able to settle matters quickly and effectively without having to take the matter further through the courts,” she explained.
“However, if this matter had been disputed this could have dragged on for years costing the families thousands and significantly reducing the value of the estate.This case will impact will drafters to be mindful when advising their client in terms of disinheriting any close family member such as a spouse, son or daughter.I would hope the Judgment will cause will drafters to highlight the problems and detrimental effect of failing to make a reasonable provision for close family and dependants and to those entitled to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.”
Article courtesy of Todays Wills & Probate. More help on Probate/ Will Disputes.The Inheritance Act is a really important piece of legislation for vulnerable widows, widowers and vulnerable children whether adult on child.
