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  • FIRST POST
    • xssc32x
    • By xssc32x 15th May 18, 3:54 PM
    • 40Posts
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    xssc32x
    Solicitor/will query
    • #1
    • 15th May 18, 3:54 PM
    Solicitor/will query 15th May 18 at 3:54 PM
    Hi,
    Was hoping on some advice regarding Probate and Power of Attorney.
    Mum recently passed away and her will has myself, Dad and Brother as Executors and the named Trustees. We visited the solicitors yesterday that drew up the Will and they mentioned both it would be beneficial to obtain Probate and Power Of Attorney, which they can provide.
    Also at the meeting we had to give details of mum’s assets for tax purposes (this included balance in her 2 accounts as well as a valuation of my parents’ house). We have closed the accounts now and awaiting the money to be transferred to my account, which I will then transfer to my dad’s account
    We have been advised that my mums half of the house is ‘safeguarded’, and cannot be used to in case my dad needs to be put into ‘care’ at a later stage in his life.
    We are a little new to all this and was wondering what the benefits are of obtaining Probate and Power Of Attorney are these needed and what kind of costs we could be looking at if we decided to go ahead with it. Also anything else we should be doing that we maybe of missed.
    Any advice appreciated
    Kind Regards
    Si
Page 1
    • lisyloo
    • By lisyloo 15th May 18, 4:09 PM
    • 21,836 Posts
    • 10,554 Thanks
    lisyloo
    • #2
    • 15th May 18, 4:09 PM
    • #2
    • 15th May 18, 4:09 PM
    I presume they are taking about power of attorney for your Dad?
    This means you can make decisions if your Dad lost mental capacity.
    There are 2 types - financial and welfare e.g. medical treatment/care home decisions.
    It is well worth having because if you don't then the process is much more complex as courts need to be involved (for your Dad's protection) so it's far better to get it agreed in advance. I am currently doing the more complex deputyship and it will take 6 months, so we can't sell a property and are liable for the bills.
    This does not need to be done immeidately although it's a good idea, so in your shoes I would put off the power of attorney until the estate was sorted (assuming your dad is healthy).
    You do not need a solicitor to sort out power of attorney. They will help for a (large) fee of course but it's not necessary.

    You will need probate to transfer the property. I don't think you need a solicitor to do this.
    They will make it easier but as you probably know their time does not come cheap.
    In some situations their advice can be valuable (such as the power of attorney suggestion) but I believe its something you can do yourself.
    Personally I wouold only pay if none of you have the time or willingness to do the research/work required.

    HMRC need to be advised even if there is no inheritance tax.
    If she was getting state pension then then DWP need to be told.

    There is a service called "tell us once"
    https://www.gov.uk/after-a-death/organisations-you-need-to-contact-and-tell-us-once
    We were given a reference to use when we registered the death.
    Last edited by lisyloo; 15-05-2018 at 4:12 PM.
    • Yorkshireman99
    • By Yorkshireman99 15th May 18, 4:15 PM
    • 4,152 Posts
    • 3,394 Thanks
    Yorkshireman99
    • #3
    • 15th May 18, 4:15 PM
    • #3
    • 15th May 18, 4:15 PM
    Hi,
    Was hoping on some advice regarding Probate and Power of Attorney.
    Mum recently passed away and her will has myself, Dad and Brother as Executors and the named Trustees. We visited the solicitors yesterday that drew up the Will and they mentioned both it would be beneficial to obtain Probate and Power Of Attorney, which they can provide.
    Also at the meeting we had to give details of mum’s assets for tax purposes (this included balance in her 2 accounts as well as a valuation of my parents’ house). We have closed the accounts now and awaiting the money to be transferred to my account, which I will then transfer to my dad’s account
    We have been advised that my mums half of the house is ‘safeguarded’, and cannot be used to in case my dad needs to be put into ‘care’ at a later stage in his life.
    We are a little new to all this and was wondering what the benefits are of obtaining Probate and Power Of Attorney are these needed and what kind of costs we could be looking at if we decided to go ahead with it. Also anything else we should be doing that we maybe of missed.
    Any advice appreciated
    Kind Regards
    Si
    Originally posted by xssc32x
    You draw up the POAs online for a fraction of the charge a solicitor will make. The benefit is that if your dad loses metal capacity an attorney can act for him. There are two kinds, finance an health and welfare. You need both. It easy to fill in online and the fee is around £200 for both. Make sure the attorney and act severally not jointly. As for the will do not appoint the solicitor as executor as they charge a fortune to obtain probate. Your mum.s half of the house cannot be safeguarded from care costs unless it was left to someone other than your father. What is the value of the two estates.
    • xssc32x
    • By xssc32x 15th May 18, 4:28 PM
    • 40 Posts
    • 3 Thanks
    xssc32x
    • #4
    • 15th May 18, 4:28 PM
    • #4
    • 15th May 18, 4:28 PM
    Hi
    Thanks for getting back. There is only one estate which is valued at approx 230k. I questioned inheritance tax and total of both dad and mums assets is way below threshold. The will does state that mums half goes to both me and brother and so will dads once he passes
    • Dox
    • By Dox 15th May 18, 4:32 PM
    • 547 Posts
    • 328 Thanks
    Dox
    • #5
    • 15th May 18, 4:32 PM
    • #5
    • 15th May 18, 4:32 PM
    Explanation of the 'safeguarded' bit of your question, in case you aren't quite sure what it means.

    Instead of being joint owners of their home, your parents were 'tenants in common' - this means when your mum died, your dad didn't automatically inherit her share - she could leave that to anyone in her will.

    Assuming the will was correctly drawn up, it will have created something called a 'flexible life interest'; for your dad, meaning that your mum's share of the property will be held in trust giving your dad the right to live in the property for the rest of his life.

    This approach means that if he goes into care, the local authority can only take into his share of the house, not the part held in trust. Edit: just seen your previous post - presume you and your brother are the trustees?
    Last edited by Dox; 15-05-2018 at 4:41 PM.
    • lisyloo
    • By lisyloo 15th May 18, 4:48 PM
    • 21,836 Posts
    • 10,554 Thanks
    lisyloo
    • #6
    • 15th May 18, 4:48 PM
    • #6
    • 15th May 18, 4:48 PM
    BTW - before people go into care, they can have carers visit at home.
    For example this could start with 1 visit per day to dress and wash.
    It can go up to 4 visits per day.

    It obviously depends on circs for example if someone is at danger of falling and on their own then they might need to be in a home.

    But just pointing out that help at home is often the first stage both because it's better/nicer for people's independence but it's also better financially.
    • lukewarn
    • By lukewarn 18th May 18, 7:30 PM
    • 14 Posts
    • 33 Thanks
    lukewarn
    • #7
    • 18th May 18, 7:30 PM
    • #7
    • 18th May 18, 7:30 PM
    If your dad is on certain benefits he may be exempt from paying any fee for power of attorney - check the form online before you pay.


    I did this for my mam a few years ago and a solicitor wanted to charge me £600 for each form plus the application fees for each form.


    When I mentioned that my mam was on pension credit and was therefore exempt from any fees he said "are you sure ?"


    I said "seems that I know more about this than you,I'll do it myself."
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