Deprivation of capital

xylophone

Someone needs to get probate - this is definitely required where the deceased owned a property either as sole owner or tenant in common.

Details of his other assets will also be required.

http://www.lawsociety.org.uk/for-the-public/common-legal-issues/probate/

The value of the property at date of death will need to be ascertained.


The Administrator will have the power to sell on behalf of the grandfather's estate.

An open market value would need to be ascertained.

The OP's partner's mother could end up with a CGT liability.

The uncle was also on benefits? Why was he receiving housing benefit?

blackmoorowner

I would just like to mention as well, the uncle has been taken in to a care home temporarily, but wants to stay their full time, he just hasnt signed anything yet, so since he is only there ' temporarily' at the moment, does it still count as him living at the address?

blackmoorowner

nannytone wrote: »

the uncle gets housing benefit and disability benefit?

please clarify that this is what you meant to say

I'm not sure 100% what he receives but he defiantly receives disability benefit

blackmoorowner

We are already in the process of his mother becoming probate of the estate, we just need to arrange a valuation, and send the forms off.
Just realized that he wont receive housing benefit, as the house is owned and paid for. Sorry, he isn't my uncle so i don't know all the details

xylophone

http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS38_Treatment_of_property_in_the_means-test_for_permanent_care_home_provision_fcs.pdf?dtrk=true

NLW

No wonder the country is losing millions. Forget CAB you need a lawyer. I bought a garage once but did the paperwork wrong with land regersty and got find by them because took too long to sort it out. If all the deceased items are now missing would this not be theft until the probate is sorted?

xylophone

I'm not sure 100% what he receives but he defiantly receives disability benefit

Made me smile! Man behaving badly?:D

Lioness_Twinkletoes

OP, please learn the difference between definitely (absolutely) and defiantly (bold disobedience).

blackmoorowner

Gosh, its all so confusing, so many things to consider and think about. Thanks everyone, but i think this has got to much for us to handle on our own, no doubt we would mess up somewhere an be fined a great deal. Solicitors it is then!

xylophone wrote: »

Made me smile! Man behaving badly?:D

haha sorry, no, just a bad speller!

blackmoorowner

Lioness_Twinkletoes wrote: »

OP, please learn the difference between definitely (absolutely) and defiantly (bold disobedience).

Erm ok.. was just a spelling mistake/misread, in the process of making dinner, i'll try to proof read better next time...