Practical Guide To Obtaining Probate , livre ebook

Straightforward Publishing - Peter Wade

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99 pages

English

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A Practical Guide to Obtaining Probate, Revised Edition is a concise and informative guide to the processes that underpin the practice of the administration of estates. The book is designed for those people who are involved in obtaining probate and acting as executor who wish to understand more about this complex area. The book is fully updated to 2020.

Informations

Publié par	Straightforward Publishing
Date de parution	22 décembre 2020
Nombre de lectures	0
EAN13	9781913776558
Langue	English

Informations légales : prix de location à la page 0,0300€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.

Extrait

A Practical Guide To Obtaining Probate
Peter Wade
Emerald Guides
Emerald Guides
Peter Wade Estate Revised Edition 2020
Peter Wade has asserted the moral right to be identified as the author of this work.
All rights reserved. No part of this publication may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or otherwise, without the prior permission of the copyright holders.
ISBN: 978-1-913342-80-7 ePUB ISBN: 978-1-913776-55-8 Kindle ISBN: 978-1-913776-64-0
Printed by 4edge Ltd www.4edge.co.uk
Cover design by Bookworks Derby
Whilst every effort has been made to ensure that the information contained within this book is correct at the time of going to press, the author and publisher can take no responsibility for the errors or omissions contained within.
CONTENTS
Introduction
Chapter 1. Probate Generally
Chapter 2. Drafting A Practical Will-Taking All matters Into Account
Chapter 3. Being Aware of Enduring Powers of Attorney and Lasting Powers of Attorney
Chapter 4. Before The Grant of Probate-Estate Valuation and general tasks
Chapter 5. Making The Application-After the Grant- Distribution of the Estate
Schedule of Standard Letters
Glossary of terms
Useful Addresses
Index

Schedule of Probate Forms
INTRODUCTION
The saying goes that we can avoid everything except death and taxes. Maybe probate has the unique distinction of dealing with both these activities. We cannot avoid death but we can avoid taxes.
The proper regulation of one s estate can certainly minimise inheritance tax and maybe get rid of it entirely.
Life becomes more complicated by the day but it is possible without running up excessive legal fees to prepare a valid will and as an executor to undertake probate of someone s estate without legal help.
A good definition of probate is very high-class administration. We are capable of doing it if we follow the checklists assiduously and keep a note of everything we do. If every piece of paper is accounted for and filed properly then probate should not be too difficult. With the advent of the Internet these things are more easily undertaken by the organised amateur.
The minimum you will need is
1. Telephone
2. Computer
3. Somewhere to file all the letters.
This book attempts to take you through a typical probate transaction and to supply you with checklists, addresses, telephone numbers, and website addresses and draft letters.
I have tried to keep the text uncluttered by keeping the nonessential items to the appendixes. There will be notes in the text where these things can be found.
I purchased my first house by using a book although I did have the advantage of working in the legal department of a local authority. I knew nothing about practical conveyancing. I am a great believer in how to books . They can at the very least take out this mystique of what the professionals try to wrap up as being very complicated indeed.
Wills and probate is not brain surgery but you have to follow a procedure precisely to get it right. At the end of the process, you can save thousands in legal fees.
WRITING YOUR OWN WILL
Everyone over the age of 18 should make a will. Although in the public s view making a will is a straightforward matter it can have devastating effect if not written and executed properly and also if there is no will. The safest advice is to always get a competent person to draw up and have a will executed for you. You can then rest assured that your wishes will be carried out in the event of your death.
Also if you execute it whilst you are fit and well there is less likelihood of it being overturned by beneficiaries claiming that you were not competent to do it.
If you are in any doubt about your own ability to draw up and execute a will you should get a solicitor to do it for you. At the very least your beneficiaries will be able to sue the solicitor in the event of him or her being incompetent or your beneficiaries missing out because of negligence. If you draw up a poor will they will only be able to regret for the rest of their lives that you had not taken competent legal advice which comes relatively cheaply for a straightforward will.
Unfortunately the chance of inheriting does not bring out the best in people. Also families in those circumstances do not seem to enjoy themselves more than when they are falling out over money. We all believe that it would not happen in our family as we are not so petty and mercenary but in my experience no one is exempt.
We would much rather total strangers get part of the estate than let undeserving members of our own family.
We all have someone to whom we do not wish to leave our estate even if it s only the taxman. Or, on intestacy, ultimately the State. If you leave it to the cats home provided it is a charity you save the tax and keep it out of the Chancellor s hands. A satisfying outcome
WHY MAKE A WILL?
If you do not have a will then your estate will be distributed in accordance with the rules of intestacy. Intestacy means when there is no will. A testator is the maker of a will.
Apart from limited circumstances you have freedom to leave your estate to whomever you like unlike some other legal systems such as in France.
You are entitled to go to the stationers and use a will form. The only problem with that is that it may work but any mistake in execution will invalidate your wishes.
Everyone should make a will and think about updating it regularly as your circumstances change.
Finally, this book deals with probate in England and Wales. For information concerning Scotland:
www.scotcourts.gov.uk/taking-action/dealing-with-a-deceased's-estate-in-scotland
For Northern Ireland:
www.nidirect.gov.uk/applying-probate
COVID 19 and the process of probate
It is worth mentioning the effects of the Coronavirus on the process of probate generally. The below is based on government guidance in 2020 and, as you read this book, you should bear in mind the problems caused, as the book is based on the process of probate as carried out in normal times. The advice also covers registration of death and funerals as well as the process of probate.
The Probate Registry
This is a section of HM Courts and Tribunal Services (HMCTS) that issues letters of administration or a grant of probate. Try not to worry if you haven t heard from the Probate Registry as quickly as you might have expected as HMCTS has advised that during coronavirus/COVID-19, there may be some delays in providing grants of representation.
Probate during coronavirus/COVID-19
If you ve lost a loved one during the government s COVID-19 lockdown, you will probably have many questions. Significant issues include funerals - particularly if the person who has died had suspected or confirmed coronavirus/COVID-19 - and dealing with a deceased person s estate.
Registering the death
Registration of the death is usually done in person, however, due to the current situation, this is now being done by telephone. The registrar will liaise with the coroner or doctor who certified the death, as well as the funeral director, to minimise face to face contact. The death certificate can then be applied for online and sent to you or your professional advisor.
Funerals during coronavirus/COVID-19
This is a very stressful time for friends and relatives of the deceased. Churches have stopped carrying out funeral services, but funeral directors can still arrange a short service at a graveside or crematorium. Also, only close family members (and as few people as possible) should attend the funeral. Some people are using digital resources, such as Skype or Facetime, to allow people to join the funeral remotely.
Gatherings or wakes following a funeral are not allowed at present. Most funeral directors are only accepting instructions over the phone or by email, and not in person.
Funerals for those who died of suspected or confirmed coronavirus/COVID-19
Whilst the government understands how difficult it is for families of those who have died, it has put in place strict guidelines relating to the funerals of those who have died of suspected or confirmed coronavirus/COVID-19 to help ensure that the disease is not spread. The main procedures that should be followed, according to the government s guidance, are:

Funerals should not be delayed
Only members of the person s household and close family members should attend the funeral
Mourners should maintain social distancing at the funeral and not mix closer than two meters apart
Mourners should also maintain social distancing when travelling to and from the funeral
There should be no face-to-face or physical contact - unless it is between those who are already living in the same household
Everyone should follow the general advice on hand hygiene, such as washing the hands with soap and water for 20 seconds or using hand sanitiser. Mourners should cover their nose and mouth with a tissue or their sleeve when coughing or sneezing and should throw away the tissue, if used, and wash or sanitise their hands immediately.
Anyone with coronavirus/COVID-19 symptoms or those who live in a household where someone has symptoms should not attend the funeral. Unfortunately, this can also include the next of kin of the person who has died if they are in a period of self-isolation.
Administering an estate during COVID-19
Simple estates
We discuss administration of estate further on in the book. In brief, if the estate is simple, for example, everything is jointly owned or the estate is valued at less than 5,000, you may not need a grant of representation and you should be able to administer the estate without professional help.
More complex estates
If the estate is more complex, you are likely to need the assistance of a professional. This might include estates where:
there are a variety of assets, including property that needs to be sold
there is a possibility tha