Do I need grant of probate

edited 30 November -1 at 1:00AM in Reclaiming Mortgage Fees, Council Tax, etc
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Lord_HadhamLord_Hadham Forumite
3 Posts
Am trying to reclaim care home costs. PCT say they need evidence of grant of probate to prove who I am. Solicitor dealing with will says I do not need grant of probate as estate is too small. Help please

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  • GoldiegirlGoldiegirl Forumite
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    A grant of probate confirms that you have been authorised to deal with the estate of the deceased person.

    Most banks will allow the closure of accounts with balances of less than £15000 without the need for probate - a statutory declaration signed by a solicitor to confirm that you are authorised to close the account is often all that its needed.

    This is why the solicitor is saying that the estate is too small for probate

    However, PCT's have their own rules.

    You could ask the PCT if they'll accept a declaration from the solicitor to confirm you can act for the estate - but they'd be under no obligation to accept this.

    If they insist on probate, then, if you want to proceed with this reclaiming, you'd have to ask your solicitor to obtain probate (or you could do it yourself)

    I suppose you'd have to find out what the costs would be for probate, and depending on the amount of the fees you are trying to reclaim, see if it's worth getting probate.

    Of course you could get probate, and the claim could still fail anyway
    Early retired - 18th December 2014
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