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stripeyfox

Wills, Probate, Inheritance etc

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Any legal people here or who have dealt with this kind of thing? My dad (80) has, as far as we know, made reasonable provisions for his departure. He has pre paid for his funeral and made a will. Fairly uncomplicated affairs I think, bit of money in the bank but not a fortune and a modest house. His "estate" will be split between me and my other siblings (unless I manage to piss him off sufficiently in the next few years!).

 

But now he has been cold called by an "estate management" company who are sending some bloke round this week to "chat" to him. I assume this will involve some hard sell but I'm not really sure what they could be selling? My brother has spoken to him and mentioned something about "avoiding probate"? To be honest I don't really know anything about this - probably should really!

 

On a wider point, I'm in my 40's now with wife and two kids but I don't have a will? Should I? Or is it just for people with more "complicated" arrangements?

 

 

 

 

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Sounds like a con to me. I did all the probate on my mother's estate, it wasn't easy, I was totally baffled half the time but it got done in the end. You can sign up with a solicitor after he's gone if you don't fancy it.

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Like Webbo says it sounds very suspicious to me especially as it was an unsolicited call. Gut feeling from the circumstances is it's a scam and certainly more in the interests of the salesman rather than your dad. Try and get the details of the company he represents and google it.

 

If you can't cancel it, I'd strongly advise you or your brother is there at the appointment, and do not allow him to sign anything under any circumstances - say you'd like to think about it and take a copy of any paperwork that is left behind to a solicitor and ask for a second opinion. If the salesmen tries the hard sell, show him the door.

 

If somehow he signs up for something he shouldn't have done, you have the 7 working days cooling off period to cancel any contract if the appointment is at home.

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I'd bin them off, definitely. If he's not got a valid will get him to his solicitor's.

 

As for yourself, I'd say yes, you do need one. It's less about the money for a lot of people, but more about what would happen to your kids if you and your missus weren't around. You probably have an idea about who'd look after them, but without legal documentation to back it up, you might get all sorts muscling in after the event. You can also appoint trustees to look after their money, and these might be different people or in addition to those that would look after them.  It just makes it a lot easier to sort out for those left behind and greatly improves the chances of what you want to happen happening

 

Edit: I'm assuming your kids aren't grown up

 

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1 hour ago, stripeyfox said:

Any legal people here or who have dealt with this kind of thing? My dad (80) has, as far as we know, made reasonable provisions for his departure. He has pre paid for his funeral and made a will. Fairly uncomplicated affairs I think, bit of money in the bank but not a fortune and a modest house. His "estate" will be split between me and my other siblings (unless I manage to piss him off sufficiently in the next few years!).

 

But now he has been cold called by an "estate management" company who are sending some bloke round this week to "chat" to him. I assume this will involve some hard sell but I'm not really sure what they could be selling? My brother has spoken to him and mentioned something about "avoiding probate"? To be honest I don't really know anything about this - probably should really!

 

On a wider point, I'm in my 40's now with wife and two kids but I don't have a will? Should I? Or is it just for people with more "complicated" arrangements?

 

I'm of a similar age to you Stripey and a doing a will has been on my 'to do' list for ages lol

 

I keep putting it off as it sounds too complicated and I really can't be arsed. I think you can get them done properly for a few hundred quid so I should just bite the bullet and get it done really.

 

I work for myself and all my business and personal finances are separate to my wife's. If I popped my clogs she'd have no idea what to do so this thread has prompted me to get my arse into gear and sort my will out. Thanks!

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Just now, Izzy Muzzett said:

I'm of a similar age to you Stripey and a doing a will has been on my 'to do' list for ages lol

 

I keep putting it off as it sounds too complicated and I really can't be arsed. I think you can get them done properly for a few hundred quid so I should just bite the bullet and get it done really.

 

I work for myself and all my business and personal finances are separate to my wife's. If I popped my clogs she'd have no idea what to do so this thread has prompted me to get my arse into gear and sort my will out. Thanks!

Get a will guys, I have a young sexy wife, if I didn't have a will the ****ing bitch would take all and let the kids rott

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25 minutes ago, Bellend Sebastian said:

I'd bin them off, definitely. If he's not got a valid will get him to his solicitor's.

 

As for yourself, I'd say yes, you do need one. It's less about the money for a lot of people, but more about what would happen to your kids if you and your missus weren't around. You probably have an idea about who'd look after them, but without legal documentation to back it up, you might get all sorts muscling in after the event. You can also appoint trustees to look after their money, and these might be different people or in addition to those that would look after them.  It just makes it a lot easier to sort out for those left behind and greatly improves the chances of what you want to happen happening

 

Edit: I'm assuming your kids aren't grown up

 

To be honest, I have no idea what would happen to my kids (who are 6 and 9) if we weren't here. They do have godparents but at the time, they didn't have kids of their own but now they have three so are unlikely to be able to accommodate two more! My inlaws would be the obvious choice but they aren't getting any younger.

 

Definitely food for thought.

 

btw the company involved is called "Your Legacy Matters Ltd". I'm going to check them out at work tomorrow and then call a local IFA who I know of. Perhaps he can speak to the old man without any hard sell and convince him to bin these clowns off!

 

 

 

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23 minutes ago, Carl the Llama said:

Can confirm the Singh's wife is very sexy.  Bit of a handful too.

This is good info. So if he were to have an unfortunate accident, she would be available with bags of cash and no kids in tow?

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2 hours ago, stripeyfox said:

This is good info. So if he were to have an unfortunate accident, she would be available with bags of cash and no kids in tow?

She might be interested in another singh so i can step up and spend his cash for him :)

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4 hours ago, stripeyfox said:

Any legal people here or who have dealt with this kind of thing? My dad (80) has, as far as we know, made reasonable provisions for his departure. He has pre paid for his funeral and made a will. Fairly uncomplicated affairs I think, bit of money in the bank but not a fortune and a modest house. His "estate" will be split between me and my other siblings (unless I manage to piss him off sufficiently in the next few years!).

 

But now he has been cold called by an "estate management" company who are sending some bloke round this week to "chat" to him. I assume this will involve some hard sell but I'm not really sure what they could be selling? My brother has spoken to him and mentioned something about "avoiding probate"? To be honest I don't really know anything about this - probably should really!

 

On a wider point, I'm in my 40's now with wife and two kids but I don't have a will? Should I? Or is it just for people with more "complicated" arrangements?

 

 

 

 

 

If he's got a will and he's pre paid for his funeral then there's nothing they could sell him that he needs. You need to get him to cancel the appointment and not respond to cold callers. 

 

https://www.gov.uk/wills-probate-inheritance

 

I'm not a legal expert but essentially probate is the mechanism with which you carry out someone's will. A lot of people do the probate for simple estates without legal assistance.

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10 hours ago, stripeyfox said:

 

On a wider point, I'm in my 40's now with wife and two kids but I don't have a will? Should I? Or is it just for people with more "complicated" arrangements?

 

 

 

 

Do a will.  It can be relatively simple but it makes things a lot easier.  I've had one for more than twenty years (when I was in my 40's).  I was told years ago that although without one my assets would normally pass to my wife or my children if we both died together without a will anyone could make a claim against my estate.  For the small amount it cost me (and I did use a solicitor) the peace of mind is definitely worthwhile

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Thanks for all the info. 

 

I don't know how much money he has but even combined with the house value is still not going to be anywhere near the IHT threshold.

 

I spoke to him this morning - apparently the guy wants to talk to him about appointing power of attorney in the event he becomes unable to look after his own affairs in the future, and also to talk about ways of preventing his property being used to pay for any care which may be required in the future.

 

The guys business card implies membership of "The Society of Will Writers" but when I contacted them, they didn't have him down as being a member!
 

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40 minutes ago, stripeyfox said:

Thanks for all the info. 

 

I don't know how much money he has but even combined with the house value is still not going to be anywhere near the IHT threshold.

 

I spoke to him this morning - apparently the guy wants to talk to him about appointing power of attorney in the event he becomes unable to look after his own affairs in the future, and also to talk about ways of preventing his property being used to pay for any care which may be required in the future.

 

The guys business card implies membership of "The Society of Will Writers" but when I contacted them, they didn't have him down as being a member!
 

 

I had a quick look at their web site. It looks professional but doesn't quote the names or qualifications of anyone at the firm, which would ring major alarm bells for me.

If your Dad wants to meet them, I'd certainly ensure that one of you is there to offer a cautious second opinion. Personally, I'd cancel, look into the issues, talk to your Dad about what, if anything, he wants to do - then contact people of your choosing, if appropriate.

 

Power of attorney can be useful if your Dad wants to do that. I had both types of Lasting Power of Attorney for my Dad during his last 18 months - property/finances & health/welfare.

They can be set up in advance - indeed the health/welfare one only takes effect when someone is not capable of taking their own decisions (permanently or temporarily).

You don't need the cost of an intermediary for that, though. You can complete the forms online, get them signed and then send them direct to the Office of the Public Guardian: https://www.gov.uk/power-of-attorney/overview

 

Their talk about preventing his property being used to pay for care sounds suspicious to me....just at the time when that is a big issue in the news, potentially scaring older people? Are they seeking to profit from fear?

There might be some way of preventing his property potentially being used to pay for care....but the authorities are likely to be wise to most dodges (e.g. putting the property in your name but with him having possession for life).

If he's interested in that, wouldn't it be better for him/you to get advice from a solicitor with a name, a local office and a list of qualifications, rather than some cold caller with a web site listing no names and no qualifications?

 

I did probate for my Dad's estate. It's quite time-consuming but not exceptionally difficult. Just lots of locating documents, doing basic sums and filling in forms. If there's no Inheritance Tax involved and/or your Dad's records are quite simple (kept in good order and nothing too exotic like portfolios of stocks & shares or foreign property), you're probably best off not bothering with a solicitor - so long as the person doing probate feels comfortable about that. It has to be one of the executors - who will be named in your Dad's will. My parents did their wills in 1992, named me as an executor but didn't bother telling me about it for 20 years! :rolleyes: Solicitors can charge a lot for handling probate, unless it is ultra-simple, and they can add to the stress if they cause delays or keep needing you to obtain financial documents (this happened to someone I know). 

 

Wills are definitely a good idea. I need to redo mine for the reason that @Bellend Sebastian mentioned. We did wills when our daughter was born 13 years ago, naming my parents as guardians if we both walked under a bus. I need to redo that will now that they're both gone. If you're married and die suddenly, I think your property automatically goes to your wife and kids - but it's not so simple if you're just cohabiting, I think (worth checking).

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21 minutes ago, Alf Bentley said:

 

I had a quick look at their web site. It looks professional but doesn't quote the names or qualifications of anyone at the firm, which would ring major alarm bells for me.

If your Dad wants to meet them, I'd certainly ensure that one of you is there to offer a cautious second opinion. Personally, I'd cancel, look into the issues, talk to your Dad about what, if anything, he wants to do - then contact people of your choosing, if appropriate.

 

Power of attorney can be useful if your Dad wants to do that. I had both types of Lasting Power of Attorney for my Dad during his last 18 months - property/finances & health/welfare.

They can be set up in advance - indeed the health/welfare one only takes effect when someone is not capable of taking their own decisions (permanently or temporarily).

You don't need the cost of an intermediary for that, though. You can complete the forms online, get them signed and then send them direct to the Office of the Public Guardian: https://www.gov.uk/power-of-attorney/overview

 

Their talk about preventing his property being used to pay for care sounds suspicious to me....just at the time when that is a big issue in the news, potentially scaring older people? Are they seeking to profit from fear?

There might be some way of preventing his property potentially being used to pay for care....but the authorities are likely to be wise to most dodges (e.g. putting the property in your name but with him having possession for life).

If he's interested in that, wouldn't it be better for him/you to get advice from a solicitor with a name, a local office and a list of qualifications, rather than some cold caller with a web site listing no names and no qualifications?

 

I did probate for my Dad's estate. It's quite time-consuming but not exceptionally difficult. Just lots of locating documents, doing basic sums and filling in forms. If there's no Inheritance Tax involved and/or your Dad's records are quite simple (kept in good order and nothing too exotic like portfolios of stocks & shares or foreign property), you're probably best off not bothering with a solicitor - so long as the person doing probate feels comfortable about that. It has to be one of the executors - who will be named in your Dad's will. My parents did their wills in 1992, named me as an executor but didn't bother telling me about it for 20 years! :rolleyes: Solicitors can charge a lot for handling probate, unless it is ultra-simple, and they can add to the stress if they cause delays or keep needing you to obtain financial documents (this happened to someone I know). 

 

Wills are definitely a good idea. I need to redo mine for the reason that @Bellend Sebastian mentioned. We did wills when our daughter was born 13 years ago, naming my parents as guardians if we both walked under a bus. I need to redo that will now that they're both gone. If you're married and die suddenly, I think your property automatically goes to your wife and kids - but it's not so simple if you're just cohabiting, I think (worth checking).

Thanks Alf.

 

My dad mentioned that the guy had mentioned about being able to do something to speed up the sale of the house after he's gone. Sounds like a bit of psychological scaremongering has been going on "it can take months and in that time becuase no one is living in the house it will have gone to rack and ruin with squatters moving in etc etc which will devalue it"

 

Personally, I don't think this is an issue as he lives around the corner from me so when that time does come, it's not going to be hard to get/keep it in a sellable condition anyhow.

 

Thanks for the info about Power of Attorney. If that can be set up via the gov.uk website then I don't know what use there is involving anyone else!

 

My dad says he isn't going to sign up to anything. He's a stubborn old sod though and he won't like me telling him this guy is dodgy if he has "trusted" him. Maybe I'll just drop by tomorrow and see for myself....

 

 

 

 

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2 minutes ago, stripeyfox said:

Thanks Alf.

 

My dad mentioned that the guy had mentioned about being able to do something to speed up the sale of the house after he's gone. Sounds like a bit of psychological scaremongering has been going on "it can take months and in that time becuase no one is living in the house it will have gone to rack and ruin with squatters moving in etc etc which will devalue it"

 

Personally, I don't think this is an issue as he lives around the corner from me so when that time does come, it's not going to be hard to get/keep it in a sellable condition anyhow.

 

Thanks for the info about Power of Attorney. If that can be set up via the gov.uk website then I don't know what use there is involving anyone else!

 

My dad says he isn't going to sign up to anything. He's a stubborn old sod though and he won't like me telling him this guy is dodgy if he has "trusted" him. Maybe I'll just drop by tomorrow and see for myself....

 

 

To me those comments make them sound dodgy - definite scaremongering, and how can you possibly guarantee to speed up the sale of a house? Even if they offer some wonderful service to ensure the house stays secure and in good condition - at a cost, no doubt - you're still entirely dependent on the market and potential buyers, who may be dependent on a chain or whatever....

 

For the Powers of Attorney, though you can complete them online, you do have to submit them signed and witnessed in hard copy. That can take 6-8 weeks, I think, and there's a fee (about £100 for each one?).

 

Good luck. I hope your Dad is "a stubborn old sod" with the salesman and not just with you!  

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4 hours ago, stripeyfox said:

Thanks Alf.

 

My dad mentioned that the guy had mentioned about being able to do something to speed up the sale of the house after he's gone. Sounds like a bit of psychological scaremongering has been going on "it can take months and in that time becuase no one is living in the house it will have gone to rack and ruin with squatters moving in etc etc which will devalue it"

 

Personally, I don't think this is an issue as he lives around the corner from me so when that time does come, it's not going to be hard to get/keep it in a sellable condition anyhow.

 

Thanks for the info about Power of Attorney. If that can be set up via the gov.uk website then I don't know what use there is involving anyone else!

 

My dad says he isn't going to sign up to anything. He's a stubborn old sod though and he won't like me telling him this guy is dodgy if he has "trusted" him. Maybe I'll just drop by tomorrow and see for myself....

 

 

 

 

If he has really said that then I would be phoning him up and giving him a piece of my mind, as well as reporting to trading standards.  Completely out of order as well as complete bullshit.  Seriously, imagine telling a elderly person their house could be squatted in if they don't listen to you!

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2 hours ago, stripeyfox said:

He cancelled it in the end. Happily, he feels it is "his" decision to cancel after doing some research so all good,

Thanks everyone for your advice. 

 

Like @Izzy Muzzett I need to sort my shit out so am speaking to my legal / finance guy next week about a will

 

 

Glad to hear it mate!

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To be perfectly honest, if the visitor has produced a false document (claiming to have membership of an organisation he doesn't) I'd seriously consider talking to the police, not just trading standards. 

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7 hours ago, toddybad said:

To be perfectly honest, if the visitor has produced a false document (claiming to have membership of an organisation he doesn't) I'd seriously consider talking to the police, not just trading standards. 

Action Fraud

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7 hours ago, toddybad said:

To be perfectly honest, if the visitor has produced a false document (claiming to have membership of an organisation he doesn't) I'd seriously consider talking to the police, not just trading standards. 

 

2 minutes ago, DB11 said:

Action Fraud

Yeah I am going to look into this later. His card does not explicitly say that he (or the company) is a member of the Society of Will Writers (which appears to be a legit trade organisation), but says "SOWW - Code Compliant - Safe to do business with", so it definitely implies that they are a member yet SOWW could not vouch for them.

 

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