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Father was POA - now he haas died???

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Comments

  • Yes Law Society will probably produce far more as long as the search is made for Specialist Probate Practitioners.
  • silvercar
    silvercar Posts: 49,963 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    I agree with alisonp, a house bought in the 1990s would be registered. Someone needs to search properly.
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  • sloughflint
    sloughflint Posts: 2,345 Forumite
    silvercar wrote: »
    I agree with alisonp, a house bought in the 1990s would be registered. Someone needs to search properly.
    How does registration work? I've never paid the £3 or so to look. Does it only hold details of current ownership or would it have details of all owners going back to when a property was built rather like deeds would?
  • alisonp wrote:
    In the meantime, I would make notes of everything, gather together as much information all the documents you can, e.g. the POA, Will (or copy Will) and records kept by your father of all bank accounts etc.and monies spent on behalf of his Uncle, also take your father's Death Certificate and obtain legal advice from a Solicitor who specialises in Court of Protection work. ( A List of these can be found at
    http://www.solicitors.co.uk/probate_...rs_probate.asp

    It seems to me that the most pressing issue that the OP needs resolving is the ownership of the property. Surely a decent conveyancer would be more appropriate than a probate lawyer at this stage?
  • ukmaggie45
    ukmaggie45 Posts: 2,968 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    I've never seen that link before, alisonp. Out of curiosity I searched on my area. It seems quite restrictive.

    Sloughflint, you will be relieved to hear that our Solicitor 1 is not included in the list. :D Mind you, our Solicitor 2 (who is a STEP practioner) isn't either.
  • Why pay 2 solicitors? A good probate lawyer will know exactly what to do - it is important to see a Probate lawyer straight away as there are probate issues here.
  • alisonp wrote: »
    Why pay 2 solicitors? A good probate lawyer will know exactly what to do - it is important to see a Probate lawyer straight away as there are probate issues here.

    I suppose it all depends on whether OP( if executor) is intending using a solicitor to deal with his late father's estate anyway on whether I agree with you here,alisonp.

    If OP is considering using a solicitor for his father's estate, I'm sure he could ask him/her to have a quick glance at a copy of the GA's Will since it would be highly relevant to the late father's estate.

    But if he isn't, then I'm not sure that the GA's probate issue warrants a probate solicitor at this stage.

    When I encountered my own difficulties, I went to see several solicitors for short free meetings before choosing which one I felt comfortable with. Surely OP could do the same just to check that the GA's Will was worded how it was intended/interpreted.

    If it is, then the only matter that needs checking is the ownership and I was thinking along the same lines as monkey spank. I'd have thought a conveyancer would be a lot cheaper than a STEP solicitor.

    If the ownersip is found to be JT then OP would already have done done the necesssary groundwork in finding a probate solicitor that he is comfortable with to deal with both his father's estate ( probably too complicated for DIY at this point) and rectifying the mess with GA's Will.
  • How does registration work? I've never paid the £3 or so to look. Does it only hold details of current ownership or would it have details of all owners going back to when a property was built rather like deeds would?

    I tried to find out the answer to my own question. I didn't get very far but this:
    http://www1.landregistry.gov.uk/kb/Default.asp?ToDo=view&questId=133&catId=2

    just makes me wonder if only current ownership is detailed at LR?

    If so that won't be much use to OP and the deeds will need to be located.
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