Probate  
 

Probate Service

 
 

Probate, the word people who have recently been bereaved dread hearing the most. When a person dies somebody has to deal with their estate (the money, property and possessions left) by collecting in all the money, paying any debts and distributing the estate to those people entitled to it. Probate is a legal process which allows for the appointment of an administrator to carry out these duties. With many firms charging 3% or more to undertake probate work it can be a costly business. Yet it does not need to be, Independent Will Writers charge is considerably less. They have the expertise to deal with the administration of estates whether by will or intestacy and however simple or complex. They aim to ensure that matters are dealt with speedily and sensitively in a cost efficient way. Independent Will Writers offer a free initial confidential consultation and will talk you through the entire probate process. They cover the Essex, Kent and Surrey areas

 
 

 

Do I always need to get probate?
In some cases, you don't need to apply for probate. This is when:

  • the person who has died left very little;
  • everything they owned was held in joint names with someone to whom the dead person's share passes automatically (normally a husband or wife); or
  • any bank or building society accounts that the person had contain less than £5,000 (though banks and building societies have the right to insist on probate in this case).
  
 
However, you will need to apply for probate if the person who died had:
  • any bank, building society or National Savings accounts with more than £5,000 in them;
  • stocks or shares; or
  • property or land (unless it is owned as joint tenants and so passes automatically to the other owner).

You may have to apply for probate if the person had any life insurance or term insurance policies which are paid to the estate. Some policies are written so that they are paid straight to the beneficiaries of the policy (rather than to the estate), and you do not need probate for these kinds of policy.

  
 

We can advise you on

How tax returns must be filed and paid.
The duties of the personal representative.
Whether you really need to have an Attorney.
Permissible claims and expenses which canbe paid from the estate’s assets.
Assets which are included in the taxable estate.
Whether a “Small Estate” procedure can be used.
Whether property should be “disclaimed”.
Differences between the “taxable estate” and “probate estate”.
Choosing the executor or personal representative.

  
 

If you need to make a Will or need help and advice in connection with Probate or Intestacy
Independent Will Writers offer home consultations in Kent, Essex, Surrey and Sussex

Contact them now:

By phone on: 0845 600 3527

By fax on: 0845 600 3527

Or visit their web site: http://www.iwc-ltd.co.uk

  
 
 
     
 

Proposed Review of Probate Business - A Report By The Citizens Advice Beaureau

The Citizens Advice Service is pleased to have the opportunity to respond to the Court Service consultation on its review of probate business and welcomes these efforts to make the service user friendly with attention to the changing needs of its customers.

The CAB Service is the largest independent network of free advice centres in Europe with advice given from over 2000 outlets. In 2002, the Service dealt with nearly 6 million new enquiries and large numbers of these were to do with finance, debt and relationships. People come to bureaux for advice at critical and turning points in their lives, such as a bereavement, looking for help with how to manage. Among the difficulties they face will have been questions about probate, wills and power of attorney and in 2002 bureaux had about 50,000 enquiries around issues relating to death and bereavement. Many of the clients using our service are elderly, unsure of their rights and capacity to act and often deterred by large institutions and form filling.

We hope the following observations will be helpful to your developing the probate service in such a way as to help people seeking probate to do so quickly and without difficulty.

Obtaining information about probate; information, forms and leaflets We very much welcome the wider dissemination of information and advice through the offices of Registrars as this will lead to early and easier access to information and ‘face to face’ assistance with forms and procedures.

We would anticipate that many people will make use of this new service and this raises important questions about the number of staff who will be available for this work and their training. The time immediately after a death is difficult for the bereaved. Many are depressed which can make undertaking simple tasks quite impossible unless there is help from family or friends available and there will be many for whom such help is not be available.

We welcome the opportunity for customers to speak directly to probate registries on the telephone. Again, we would anticipate that many clients may look to the offices of the Registrar to help them with telephone enquiries and clients may be deterred from applying if they have to undertake this without help.

We believe the proposal for a nationally advertised telephone help-line to provide information and guidance to those applying for probate very helpful. The probate service might also consider operating a help-line something like the Minimum Income Guarantee Claim Line where a team member will fill in the form over the telephone and then post the form to the client so that the client can check and sign it.

A difficulty for many of our clients is cost. Many people who visit bureaux are on benefits or very low incomes and have found the personal application charge for probate of £130 off putting. The following clients and others would proceed more easily if the cost of probate were less.

  • one client noted that £130 was three times what a local solicitor would charge
  • two widowed clients, one 84 years of age, drawing on their husbands pension for a number of years and wishing to take a lump sum from the pension have been asked to get probate and now have to pay £130.

We think the suggestion for a dedicated Probate Service website with email access and addresses for staff a good proposal for improving communication with customers. It is our view that the Probate Service would benefit from having its own website as few people understand that it is part of the Court Service.

Making a personal application

We welcome the proposed replacement of an executor’s oath with a statement of truth written in plain language. This acknowledges the range of beliefs and ethnic diversity of those seeking probate.

The proposed abolition of the interview in all but the most complex of cases is a significant change. While we believe it will be welcomed by our clients, many of whom are elderly and less mobile, the proposal raises important questions about how confirming a claimant’s identity and entitlement will be achieved and how probate authorities will reach a correct valuation of all assets. In view of this we would ask whether it would be possible for the Registrar to do the interview or to verify claims?

Raising awareness of wills and probate

One of the principle aims of the CAB Service is to ensue that individuals do not suffer through lack of knowledge of their rights and responsibilities or of the services available to them, or through an inability to express their needs effectively. We would very much welcome an ‘awareness raising’ strategy to increase knowledge of probate and the benefits of making a Will.

Methods of payment and e-business

While we welcome the opportunity for clients to submit electronic applications for probate, we believe that phasing out paper grants would exclude and confuse large sectors of people who do not have ready access and/or understanding of an electric register. The change would put them in the hands of others rather than helping them to undertake responsibility for themselves. Clients are required to provide proof of entitlement to a variety of organisations and it is difficult to visualize how paper grants could be replaced by an electronic register without putting the client at a disadvantage.

More generally on the development of electronic means of disseminating information, dealing with applications and queries and establishing links from the probate service website to those of other organisations, the Probate Service might like to consult with our E-government department. A first point of contact would be John Wheatley.

Structure, staffing and customer service

We welcome the dissemination of information to the offices of Registrars and the ‘face to face’ help that will follow from this but are concerned about the timing of the change and in particular the proposed rationalisation of registries to six larger regional centres. We appreciate that this proposed change permits the concentration of expertise but note that while some changes will take place in the short to medium term, others will take several years to bring about. We are concerned that an early closure of registries without a prior and complimentary development of and training for Registrars, will leave clients in difficulty and with travel problems.

The problems facing older and potentially less mobile people or those on limited means and with complex cases should be carefully considered so that they are not penalised. Home visits should be considered for people who are immobile and needing extra help and travel costs for people on limited means.

Competition in the professions

While understanding the motivation behind allowing financial institutions such as banks and other bodies to provide probate services to the public, we would not endorse this proposal as it assumes their competence to act in this area. Evidence from clients points to an immense variation in competence among banks and building societies as to their understanding of for example Enduring Powers of Attorney. The following are illustrations.

  • a client had her bank draw up a Power of Attorney for her on her mother’s behalf. Since that time, the mother’s condition has deteriorated. The bank has now informed the client that the document was incorrectly drawn up and that the client’s mother must complete another form. The mother’s deterioration is such that it is not possible.
  • client’s mother signed Enduring Power of Attorney two years ago and recently entered residential care. Client’s mother is no longer capable of managing her finances but bank says that EPA document is over one year old and they need to see client’s mother for themselves to assess whether her affairs should be dealt with by another person.