Children from 1 to 18 + react very differently to death and funerals – as do adults.One child we know was gently forced to see a dead relative and suffered badly from the experience. Another might find it comfortably. Perhaps it is important to let the child make the decision and not to be “led” by an adult? Who knows what is best – certainly not the author! Anyway, we thought these US resources might be of interest in opening up a discussion before any decisions are made.

https://vimeo.com/251702307

Children and funerals – plan the discussion in advance.

Children probably simply prefer straightforward,  honest information.    They need to understand what has happened as much as it is possible for them too.  When they are older,  they may not remember the full details of the funeral but they will ideally remember that it was a meaningful, non-threatening experience and that they were involved and included in it.Actually seeing the dead body may be more than they can cope with, especially if they are not carefully prepared for the experience and not thrust unsuspecting into a room with the body of a person they loved.  Without careful planning and explanation that can be a horrific experience, perhaps thrust upon them by a well-meaning but distraught parent who may not be thinking clearly.Useful links 

• Independent Funeral Directors.
• Prepaid Funerals 

Property fraud is where a fraudster tries to steal your home (etc). The risk is higher for landlords, especially if it is their own home they are letting out.   But there are steps you can take to reduce the risk in England and Wales.  They won’t be news to subscribers to our Peace of Mind Service. (If you need advice on selling a property, go here.)

Property frauds are most commonly carried out by someone pretending to be you and selling or mortgaging your property and leaving you to pick up the pieces.

The Land Registry know of a landlord who happened to be driving past one of his properties and saw a for sale sign outside. As he hadn’t put his property up for sale, he was understandably alarmed! He contacted the estate agent and found out that the tenant had pretended to be the owner and put the property on the market.

Although the likelihood of property fraud happening to you is fairly low, the impact can be huge – imagine finding out that someone else has sold your home and you knew nothing about it!

Some owners are more vulnerable to property fraud than others. There’s more risk when it is:

• empty – such as if the owner is abroad or in a care home.

• rented out – for example, where the owner lives elsewhere, the tenant might try to mortgage or sell the house without the owner’s knowledge.

• mortgage free – there are currently millions of properties without a mortgage in England & Wales.

• where there are family disputes – for example, when a couple divorces or separates.

The first thing to do is to make sure your home is registered with the Land Registry.

One advantage of registration is that if you’re an innocent victim of fraud and suffer financial loss, you may be eligible for compensation from the Land Registry.

Use the Land Registry Property Alert service: it’s a free service where you can monitor up to 10 registered properties. They will alert you of any significant activity such as a new mortgage or change of ownership.

You can then judge whether or not the activity is suspicious and seek further advice.

But the alert service is only effective if you keep your contact details up-to-date. You can provide the Land Registry with up to three contact addresses including an e-mail address or an address abroad. It would probably be prudent to include at least one child in that if you are getting on a bit (like the author!)

If suspicious activity occurs, you can contact the local Citizens Advice Bureau or Action Fraud and you should seek professional advice such as from a solicitor or your lender if you have a mortgage.

You can contact the Land Registry property fraud line on 0300 006 7030 Monday to Friday

•             read the Land Registries fraud advice: www.gov.uk/propertyfraud;

•             sign up to the Land Registries free Alert service: www.gov.uk/property-alert.

Fortunately, property frauds in the UK are relatively rare, but one successful fraud may breed 1000 more attempts, so it is best to put sound precautions in place.

Help on Probate/ Will Disputes.

We’re having a family argument about what price executors can sell a house for. I along with my sisters  are sole beneficiaries of my late Father’s will, primarily this involves a house that has to be sold. However my sisters are executors of the will and therefore not taking advice entirely on the house value i.e. pricing too high.  I am more realistic with the value and would like to know where I stand on this issue, is it up to the executors to decide probate value of the house or should it be the beneficiaries of the will?

Probate Quotes                    Probate Disputes

Answer to your probate question: what price can executors sell a house for?

It is up to the executors to put a price on the house.  If it is too low HMRC could ask the District Valuer to give a valuation and the executor would be responsible for the penalties if he had valued it too low and underpaid tax. If it is ridiculously low, then the beneficiaries might decide to sue the executors for not doing their job properly if they can prove loss. The executors must aim to get a fair price for the house.  That said, beneficiaries often tend to be keen for the house to be sold pronto, so “executors sales” are often a little under full market value to attract buyers who can go ahead immediately. But it would be prudent for those who might lose out to agree first.If the executors probate valuations are to high, and as a result, there is an undue delay in selling it he has to account to the beneficiaries.  If as a result, the beneficiaries end up with too little they could sue the executor for their loss, but they would have to prove what that loss is in cash terms. That is not too difficult these days! Checking if the price the executors are asking for a house is at least in the right ballpark is relatively easy.But if the executors want to do their job thoroughly, they would ideally get a paid formal valuation from a Chartered Surveyor. That said, getting three valuations from local estate agents is a perfectly sensible way to proceed.  Zoopla and many other property sites also have interesting comparisons. But other houses in the same street may be very different for the one your executors are selling.  If all the estimates are wildly different or seem unreasonably low, maybe take another opinion.  But an executor who prices at the top end will usually be seen as trying to do the right thing for the beneficiaries, as long as they listen to advice on subsequently reducing the price. As an insider tip, they should rehash the details, and put in a different photo and folio number when revamping details.  It is surprising how often a changed set of property details will awaken interest in previously uninterested buyers.UPDATE – make life easier….For executors wishing to minimise the burden of insuring, repairing, protecting and selling a property, we have found this really useful service.

Probate Question: probate value house contents.

For probate please advise me on what contents need to be valued in the home. All our furniture, carpets are many years old – how does one value items of little value. We cannot give our teak furniture away. Does one add crockery and such like. Ornaments possibly, and here quite a few items in the house are my own personal possessions and not my late husbands. I am finding this part of probate very difficult. Valuing the house was not a problem.

Probate Answer: how to value house contents.

If the current death may create an Inheritance Tax bill, get a professional value for house contents.If it is possible that Inheritance Tax might be payable at some time in future, then you should obtain a reasonably accurate valuation – you may be surprised that some of your “old” bits and pieces are actually antiques.  If it is possible any of the house contents might be valuable, a paid valuation might be wise to avoid HMRC penalties or allegations of selling items below value or favouritism in giving some folk valuable antiques and others throwaway trash. The Taxman and beneficiaries are far less likely to question a written professional valuation.  Some Chartered Surveyors may provide this service or maybe a member of the National Association of Auctioneers and Valuers.If there is nothing of value at all, then just make a guess at what it could be worth – a couple of thousand pounds perhaps.  What you are looking at is half of the contents, or the value of these which belonged to him, plus half the value of joint assets.  And that does include the cutlery, crockery etc, though in most cases that will be of negligible value.If everything is left to you LEGAL spouse, then the valuation may be almost irrelevant, but you still need to retain records, copy Will and HMRC forms to prove that the Transferable Nil Rate Band for Inheritance Tax will be available when you die, and leave up to £650,000 free of IHT rather than just £325,000 (you may have won the lottery in the meanwhile!) (Or more with the new Property Nil Rate Band.)Do bear in mind that the value for insurance purposes is based on new for old – so a really old and tacky sofa could be worth nothing – but if it was high quality it might cost £2000 plus to replace, and that would be the insurance value.

Your probate questions: what price can executor sell a house for?

Probate Disputes.December 2018.

Probate Question – Uncoperative Executors.

(Client question) Your tips are very useful. Perhaps you could include something to cover the legal aspects of the following current scenario with uncooperative executors ……….(TPD: These situations where family conflict appears inevitable with uncooperative family members as executors who have no clear idea of what is allowed and what is potentially criminal – it is even worse when there has been a Power of Attorney in place and the attorney has not been fully aware of what they are allowed to do.  The rest of the letter has been amended so that the family involved cannot be identified!)

More on probate disputes.

I currently find myself in a bizarre situation following the death of my Mother in September, where I am seriously considering putting a Caveat in place to stop Probate.There are four children all well over 18. Two of which do not get on with the other two!Prior to her death in July 2011 an LPA was put in place giving power to a brother and sister who live near my mother. Myself and another sister who do not get on with them and live further away were excluded without consultation. My Brother also has a signatory ability on my Mothers bank account………Fine, I understood the need at the time.Again without consultation, they immediately put Mothers house up for sale and disposed of the contents prior to her death. Some of the contents were mine as I was born 20 years after the other three who are all now aged late 70’s. I was not told this was happening or given a chance to take my stuff. By chance, because I was suspicious I had a look on Rightmove and discovered what had happened!…………………..BUT surely the contents if they were sold form part of the value of the Estate? (Yes they do – or at least the cash representing their value if they had been sold.)She died at home and I heard 3rd hand the following day as did my sister.Since her death, I contacted my brother and asked about her Will. Firstly I was told all 4 of us were equal beneficiaries. 24 hours later having pushed for more information I was eventually told that we were also all executors. Since then I have repeatedly asked for a copy of the Will as has my other sister, and so far we have been refused. I know we have a legal right to see the Will. He refuses to speak to my sister.  (Yes you do as an executor. I feel a Caveat coming on!)I asked about the funeral arrangements and was told she would be cremated at Brighton. Mother had stated many times that she wanted her ashes buried with my Father in Carlisle. My brother refused to do that so I said that I would take care of it if they wouldn’t. I started to make the arrangements and suddenly 2 days later he decided that he was doing it. Fine! (Funeral arrangements are technically the responsibility and decision of all executors.)I rang my sister to ask how much it was costing. He let it slip that he and his wife together with my sister and her husband were going so the cost would include flights, Hotel rooms, car hire and airport transfers. I asked how he was paying and he said he’d pay with Mother’s bank account! I asked if he had told the Bank that she was dead and given them a copy of the death certificate…..reply “NO”. I then told him that if he has withdrawn money since her death and not told the Bank then that is Fraud. Again there was no consultation with two Executors/Beneficiaries. (An attorney’s rights die with the person whose Power of Attorney it was – executors have the right to reasonable expenses for carrying out their duties, but the bank will not pay for anything other than the funeral and then only if they agree in advance and pay the undertaker directly. As you say, such an action would not be legal.  I don’t think attending the funeral really counts as a duty and certainly not paying for anyone else to attend unless specifically authorised by the Will.)I told him I didn’t know if he could claim expenses back from the estate or not. But why was I prepared to bury her ashes in Carlisle at my expense and now he expects my sister and I to pay for 4 people to travel to Carlisle because he thinks he can do what he wants?

WHAT I HAVE DONE SO FAR TO COUNTER THE ABOVE :-

1) I’ve contacted the Registrar and ordered three copies of the death certificate. As soon as they arrive today/tomorrow I will be handing one to the Bank to stop my mother’s account.2) I’ve done a standing search for the Probate and Will so that when they become public documents I can compare the two Wills to make sure they have not been switched. Should I ever get sight of the Will prior to the Probate application? (You could make it clear to the Registrar that you would not stand down as  executor and have not been asked too if the solicitor is unable to resolve the situation.)3) I have located the Solicitor they intend to use for the administration of my mother’s Estate. The same one that did the LPA. I have spoken to the Solicitor and raised my concerns as per the above info and told him I had more than sufficient grounds to put a Caveat in place. So what is he going to do about it? He told me to ring him on Monday. He also advised I contact the Registrar ref the Bank…….Ha…Already done! (The solicitor should sort them out, and make them behave properly, at risk of losing the instructions where uncooperative executors won’t cooperate no matter how clear it is made to them that they are in the wrong.)4) I have located the company that wrote the Will. They will give me a copy of their copy on receipt of the Death Certificate providing that I am an Executor. So I will request that.5) I have informed the Estate Agent that the house will be subject to Probate. They had not been told either! (You might want to do a Land Registry Search to check that the house is still in your mother’s name! It is not unknown for attorneys to transfer a property for the wrong reasons – though there can be sound reasons too.)6) The Caveat application is ready to be posted.7) I’ve looked into the cost of employing a Solicitor…..BUT £200 – £300 + VAT (more now) for an initial consultation to probably tell me the above points 1) to 6) is too much IMHO. I expect the cost beyond that would be unthinkable and more than any financial gain by doing so.   

Uncooperative Executors Probate Answer – in broad terms only!

Sounds like you might need to consider involving the police, though they will probably be too busy and consider it a Civil matter, and refer you to a solicitor (us, hopefully!).Your stuff has been stolen even if inadvertently,  and they seem to be acting illegally in using the bank account after she is dead.  Sending the Death Certificate to the Bank will at least stop that.The bank would no doubt be willing to stump up for the funeral in the proper way, if her bank account has sufficient in it. But I would be surprised if they would willingly pay for the trip.  I am pretty sure they would not even consider paying for the executors, never mind their partners.The solicitor cannot act without the agreement of all four of you, and the actions so far of the other two are illegal without the consent of the other two – assuming you can get hold of the Will, or it is shown to the solicitor. Unless they have notified you that you are having your power to act as executor “reserved.” You have made it clear to the solicitor that this is not acceptable, and should confirm that in writing.  Bear in mind that the solicitor’s time is an expensive way of refereeing family arguments, so try to come to some agreement.Probate cannot be normally granted (except if power has been reserved) unless all 4 executors take part, even if it is to decline the role.Perhaps it would be best to put your concerns to the family and solicitor in writing, and try to open the way to a reasonable way forward and not a deepening and permanent family rift, which is so very common when things are handled clumsily as your siblings have done. Just try not to make it worse!Steve

Executor Stealing from the Estate – what can I do?

Misappropriation (or theft) can take many forms and is often a result of a misunderstanding by the executor of their role which is to protect the estate, comply with the legal formalities and distribute the estate in accordance with the Will. Sometimes executors do have some discretion, but it is not uncommon for them to decide they have far more discretion than they do.  This can easily lead to fraud or theft by misunderstanding and a simple letter pointing out the duties of an executor may be adequate to resolve the situation.Of course, it may be that the Will does not say what you think it does, and the executors actions are perhaps not wrong.

• Be careful – it is probably best to seek the advice of a qualified professional before diving in at the deep end. If you are wrong, it could be you who is in trouble.
• It is may be best to ask the executor nicely first but that is your choice. Probably most executors will react badly to even the hint of such concerns. You may wish to seek advice from a Contentious Probate specialist.
• If the fraud started with the preparation of the Will, see Contentious Probate.
• In theory, you can report to the Police, but generally, I understand they consider it a civil offence.
• Very often the problems may have arisen while the deceased was alive and under a Lasting Power of Attorney, in which case you can ask the Office of the Public Guardian to investigate.
• You can apply for the court to remove an executor and appoint a new one. Technically they have failed to administer the estate correctly and there is a clear conflict of interest.
• Alert any institutions to your concerns – again, be very careful of the wording.

Uncooperative Executors. More on Probate Disputes.                        More on Problems with Executors

My probate question: my cousins ex-husband died last year and left a 17 year old son. Some time after their divorce he moved to UK and He starting working for Engineers company on till his untimely death in 2010. Is the Son entitled to get any benefit after his fathers death? If yes who we should contact in UK? His ex-wife and Son live in Poland, only Son visit his fother few times a year… is there anything we can do?

Probate Answer

If he left a Will, then his assets should have been distributed under the terms of that Will.If not, they should have been distributed under the Rules of Intestacy – copy attached.If his assets were relatively modest, and did not include a home, then Probate may not have been required, so there is no straightforward way of finding out what happened, apart from contacting the people who dealt with the death, funeral etc..  If you know who his bank was, they may be able to shed some light on what has happened.Unless he has remarried, then his parents – if alive – or his soon would expect to have benefitted.One other possible source of information is the Treasury Solicitor who looks after the estate of people who don’t have any obvious heirs.  That is at http://www.bonavacantia.gov.uk/output/.The Local Branch of the Law Society might circulate their members to see if any of them are dealing with the estate.If that fails, then you could pay a firm like Title Research to try to find out what happened.  They are at www.titleresearch.com/.I do hope that helps!

Probate Questions and Answers