leeds registry – Probate Experts Cost Cutters

Have we lost the house?

Stephen Pett — Mon, 26 Aug 2013 16:20:25 +0000

Probate Questions: Have we lost the house?

Q: My brother died 6 years ago and the house that was originally my dads and his went to his girlfriend. She has now died and her name and my brothers name are on the deeds. He did not leave a Will. Where do the family of my sister stand ?A: It depends how the property was owned but almost certainly it will go to his family. It may possibly have been owned in equal shares, or have been in trust for him. Do you have a copy of her Will? You can get one for £1.50, details are on this page. Q: Thanks for that. My dad did not leave a Will and neither did my brother. He was only 40, his girlfriend and he has no children. So the fact that no Wills were left and my brothers name was still on the deeds means nothing?A. Have a look at this: which will help answer your probate question.It explains the two types of joint ownership.One way, there might be something in it, the other there would not. You can check the Land Registry and download the Title Register – if it says “No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court” you may be on a winner – otherwise, the survivor automatically inherited the whole thing.We can check for you for £30, but it will cost you £4 if you do it!Do let me know how you get on!If you would like us to look at brief probate questions for you, please email details and if we can answer it in less than 5 minutes, and have the time (no promises) we’ll try to help. If it is too detailed and we would have to charge, we’ll let you know in advance. But we do try to help if we can. Clearly, this is informal advice and we cannot accept any responsibility for such advice without a full review which would require a fee.More on Probate Disputes. Probate Claim Checker.

Probate questions.

Where is the money?

Stephen Pett — Mon, 05 Aug 2013 16:20:41 +0000

Where is the money I was supposed to inherit?

An aunt of mine died in January this year, we know she had quite a lot of money and left a will which she split the money four ways between the family. My brother was looking after all her finances, but when she died he said there was no money left, we have tried to get a copy of the will but it has not been executed. We believe my brother has either spent the money or transferred it to his own accounts. How can I get to see the will?

Probate answer to where is the money:

If there was no money, there is no need for probate and consequently no formal way to get access to the Will. But the Will is academic if the money had already been spent. If the LAst Will was taken to probate, you can get a copy from the Leeds Probate Registry – the relevant form and contact details are here – you need to go about half way down the page top find the Postal Searches Department and the form.You can ask your brother for an account of his actions, which he has no need to give you, but he may chose to to clear his name.If he was acting under an Enduring or Lasting Power of Attorney you could call the Office of the Public Guardians Abuse line and they may choose to investigate.Apart from that, you can try the Police, but they are likely to be less than enthusiastic.Do bear in mind that care fees can be £1,000 a week, and you may be unjustly accusing your brother, and he could sue you for defamation of character if you are wrong (or even if you are not!)Not a lot of help, I’m afraid!Good luck! SteveMore on Probate Disputes. Probate Claim Checker.

Do I have a Claim – Probate Questions

Stephen Pett — Sat, 03 Aug 2013 16:20:43 +0000

Do I have a Claim?

Hi my auntie died last year leaving a will, I was her niece and had been in constant contact with her and my uncle for many years and would just like to enquire about this i found it a little strange when I was never mentioned again do I have a claim? Please advise

many thanks

More on Probate Disputes. Probate Claim Checker.

Probate Answer – Do I have a Claim?

It is unlikely you have a claim. If your uncle was still alive, no doubt everything went to him.

Quite a high proportion of people die without a valid Will anyway. There are many ways of invalidating a Will.1) Not signing it.2) Not signing it in front of two independent witnesses who then in their turn sign and add their details in the presence of the person whose Will it is.3) Signing the wrong Will.4) Getting married where the Will does not clearly expect a marriage to that person.5) Destroying the Will – if it can’t be found, it is likely to be presumed (not always correctly) that the Will was destroyed by the testator in order to cancel it.For anyone who has no valid Will in place, their assets are distributed according to the rules of Intestacy. If your aunt had few relatives, it might be worth checking to see if you would benefit.

If there is a Will and it does not include you, then claims could be:

1) Under the doctrine of Estoppel, if you had been supporting her financially in return for the promise of an inheritance. A classic example here would be financing the purchase of the council house they lived in and paying all or part of the mortgage, with the agreement that you would inherit the house.

2) On the other side, if your aunt had been supporting you, you might have a claim against the estate for continued support.

You can ask for a copy of the Will, but it won’t necessarily be forthcoming. If it has been through the Probate Courts, then you can write to Leeds Probate Registry with the relevant fee and obtain a copy.

I’m afraid it doesn’t look too promising!

Do I have a Claim – Probate Questions.

Do I have a claim – probate questions

Where is my Inheritance?

Stephen Pett — Wed, 31 Jul 2013 04:20:58 +0000

My aunt died in 2004, and she had promised to leave me several thousand pounds in her Will. To date, I have had nothing at all. I don’t know who dealt with the Will, so I can’t approach them direct.What should I do?Probate advice:UPDATE: use this link to search and make sure (if you find it) to order a Copy Will and a Copy Grant. This is an online process on the Governments website, and the results are delivered online in PDF form a few days after the initial request.Firstly, you need to establish the exact date of death, by contacting the Registry Office in the area your aunt died in. In your case it was Kensington and Chelsea so you need to contact the Kensington & Chelsea Registrar to get a copy of the death certificate.Once you have that, you will be able to ask the Postal Searches Department of the Leeds Probate Registry (the information you need starts around half way down the page) to see if they have a copy of the Will (for a small fee). If Probate was not needed, you will draw a blank here, but if it was, they will send you a copy of the Will.If you find that you were entitled to something you need to contact the executor named in the Will and ask for it. You may find that there was no money left in the estate (it was an “insolvent estate” which is the end of the trail. But you may find that you are due money, and the executor will be duty bound (under most circumstances) to pay you even if he has no money left from the estate.This is a bit of an oversimplification of a complex area, but it should give you enough to get started on.More on Probate Disputes. Probate Claim Checker.