Missing People a new Law 2015.
A new law will help families deal with the fall out of a loved one going missing – in plans announced by Justice Minister Lord Faulks QC.
When someone suddenly disappears, their affairs can be thrown into disarray, adding to the distress and emotional heartbreak experienced by family members.
That is why I am pleased to announce new measures that will give legal powers to families, allowing them to take charge of their missing family member’s property and financial affairs.
Following an overwhelmingly positive response to proposals the government hopes that legislation will be brought forward without delay in the new parliament.The provisional proposals were developed by the Ministry of Justice with the help of the leading charity in this field, Missing People, and their pro bono lawyers, Clifford Chance LLP.Susannah Drury, Director of Policy and Advocacy for Missing People, said:
Today’s announcement is a huge step forward for missing people and their families left behind. Until now these families have been powerless to stop the lives that they hope their missing loved ones will return to from falling apart.
On behalf of everyone whose lives will be improved by this new law, we would like to thank the team at the Ministry of Justice, Clifford Chance and the many families who have campaigned tirelessly to get to this point.
The key features of the proposed scheme will be:
- a guardian will be appointed by a court on application by a person with a sufficient interest in the property and affairs of the missing person
- the appointment can be made if it seems likely that a decision will need to be made regarding the property and affairs of the missing person
- a guardian will be required to act in the best interests of the missing person and in this respect will be subject to duties similar to those of a trustee
- the guardian will be supervised by the Office of the Public Guardian and will be required to file accounts in much the same way as a deputy appointed under the Mental Capacity Act 2005
- the appointment will be for a period of up to 4 years with the possibility of applying for an extension for up to another 4 years
This follows the introduction of certificates of presumed death which are equivalent to death certificates and allow families to resolve a loved one’s affairs when he or she is thought have died. The certificates were introduced on 1 October 2014 and can be applied for by relatives.
Notes
- ‘Missing Children and Adults: A Cross Government Strategy’ was published in December 2011. It committed the government to ensuring there are appropriate systems in place for families to deal with the legal and financial problems faced by those left behind following a disappearance; the consultation on guardianship proposals published in August 2014 forms part of this work.
- Data on the number of people who go missing in England and Wales together with indications from other jurisdictions on the use of their legislation, suggest that if similar provisions were created in England and Wales there would be between 50 and 300 appointments annually.
- The consultation closed on 18 November 2014 and the response has been published today. View the response paper: Guardianship of the Property and Affairs of Missing Persons
- The Presumption of Death Act 2013, which addresses the situation where missing persons are presumed to be dead, took effect on 1 October 2014.
- The charity Missing People supports missing persons and their families to explore their options and, where possible, to reconnect. For those left behind they provide specialised support to ease the heartache and confusion, and help search for their missing loved ones.
Probate Quotes: How much can we save you? It costs nothing to find out.
We find that working with professionals who mirror our friendly and cooperative approach to dealing with an estate after death often results in reduced probate costs / probate fees of around 75% less though it may be more or occasionally less – as well as being a great relief to family executors who don’t really have the experience of a probate lawyer. In the end, both executors and beneficiaries can lose out – which may result in probate claims rather than low probate administration fees. Rushing off to the nearest high street solicitor may result in excessive bills and non-expert staff.We have seen cases where folk have tried to avoid probate lawyers costs and accidentally triggered needless 6 figure tax charges in Last Wills designed to save tax!If you do feel that you need some help, our job is to keep the cost of probate fees as low as possible. Contact us to find out how to reduce probate costs.Using The Probate Department to reduce probate costs after a death will probably save thousands of pounds will be available for the benefit of your chosen beneficiaries if we help you to cut probate costs.
Check out the Assisted Probate Service.
This is pretty much the best way to reduce probate costs, but still have access to professional assistance – as much or as little as you wish. Just pay for the time needed – their is a £250 deposit, but if that isn’t used up, the balance will be returned. We invented the concept and persuaded one of our contacts to implement it, which some success, I am pleased to sayAssisted Probate Service page.
Let us help you to Cut Probate Costs.
Our contacts fees are based on a simple hourly rate in most cases. They will quote a flat fee based on full disclosure of the case, if that is your preference. They 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 does, the lower the probate costs!In terms of additional hidden charges, they only charge for significant things which they have to pay out. They don’t charge for letters or phone calls (though they might if they are overseas!) or or stamps, or £35 per letter or email. They will charge for Court Fees, Registrars fees, and specialist work like conveyancing and mileage. More on “disbursements.”In the vast majority of cases, discussions can take place on the phone, email reduces costs if appropriate and the post is very useful.If you haven’t had a quote for probate from the executors appointed in your Will and they are professionals – you should obtain one immediately before it is too late, you are dead and they are in sole charge – and it is too late to renegotiate the fees! All you can do is ask them to resign, but they won’t resign if they have started work. Some charge a “responsibility allowance” of as much as 1.5% plus VAT of the entire value of your estate. Plus their hourly rate which could be twice that of the firms we recommend.If you have appointed ludicrously expensive professionals (they aren’t all!) or (worse) banks, why not contact us immediately and we can assist you to set up a Codicil to put your family back in charge, and able to negotiate cut probate costs (preferably through us!) You can still use the same bank or solicitors, but the family will appoint them after death and the family will then be in charge, not the professionals.For friendly professional probate help contact us here and reduce probate costs.
Cut Probate Costs and save thousands.
]]>We are able to work with overseas lawyers to offer a service in all parts of the world except the US and Canada, where all we can do is signpost useful sites.
- Szabo & Associates Solicitors provides legal services in Sydney, New South Wales (NSW) for drafting and updating wills, probate and estate planning law; Succession Act (Family Provision Act) claims; conveyancing and property law; retail, commercial and industrial leases; the sale and purchase of small business in NSW; liquor licensing; and property-related Foreign Investment Review Board Applications. http://www.szabosolicitors.com.au/
- Donlan Lawyers practice in Adelaide South Australia in all areas of estate planning and deceased estates. www.donlanlawyers.com
- Useful site if you are looking at US Estate Planning and Probate Links.
At The Probate Department Ltd we don’t offer a service in the US or Canada but are keen to build up connections with US Probate firms who can help people out. If you are in the US, and you run a Probate firm, please contact us! For insurance reasons we are unable to deal with clients native to or based in the US or Canada.
Overseas Estate Planning and Probate Links
Probate for Overseas Assets.
Probate for Overseas Assets: Yes, indeed, we have some expertise in house, and we also have a wide range of contacts who will work with us to sort out issues with assets abroad.The contacts we have collected to date are here.The most common overseas assets are in the US, France, Spain, Portugal, Italy and we have just taken on an estate in the Channel Islands.For lawyers in other countries, if we can’t help, we will be happy to introduce you to our contacts to simplify your administration and cut your costs.[contact-form 1 “Contact form 1”]
Overseas Assets Probate – France, Spain, US, Portugal, Italy, Channel Islands, US, Canada, New Zealand, Australia.
Probate for Overseas Assets.
]]>Probate Question Answer:
He needs to consult a good contentious probate lawyer, and quickly.He may have rights under the Inheritance (Provision for Family and Dependents) Act or even on the basis that he contributed to the household to his own detriment in the expectation of reward.It is known as the Doctrine of EstoppelHope that helps and good luck to all.SteveWe can introduce you to a suitable firm if you wish. Just contact us using our contact form with a brief outline of the situation. More on Probate Disputes. Probate Claim Checker.
]]>My father was going through a divorce, it got to the decree nisi stage. Then sadly on Xmas day he passed away. My fathers soon to be ex wife, has wanted nothing to do with the funeral or any costs. Her only interest being the house, which she had moved out of, in which the death of my father occurred. Which she is now moving back into. My father wrote a will himself, which he kept in the house. I feel sure she will destroy this if she should find it. So if there is no will, what can I do?
Probate Answer on Divorce & Death
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!