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  • #16
    Re: Will

    Originally posted by nightwatch View Post
    is it just a pension account?
    my mum has one that her pension goes into and heating allowance, if so I believe that the pension service can claim it back themselves,.
    She can see if the PO account will let her take it out and send them a cheque, they don't care where it comes from as long as they get it back.if any money is in the account tell her to check that DWP haven't already reclaimed it.
    Thanks nightwatch,

    I will check but as far as I know it's just an account Mum had set up for her Gov pension and as you say heating allowance etc. It was empty as far as we knew until we rec'd this letter.

    Thanks, I'll pass this on to my sister

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    • #17
      Re: Will

      Now a bit of time has passed I really wish I'd handled this myself. I went with the solicitor because I couldn't imagine coping wit it all on top of Mum's death and work, yet I've collated all the information for the solicitor anyway, I've got to go to a different solicitor to swear an oath, and now I've got to find 160.00 for the probate.
      I was told a fixed fee of 1500.00 but wasn't told until the forms came through to sign that it was plus VAT, I queried why I had to pay the 160.00 and surely that is part of the fixed fee, but told it's dissbursements.

      I would imagine that if a will is complicated by money owing, family feuds etc then it's worth getting a solicitor, but in my case they are getting money for old rope

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      • #18
        Re: Will

        Ouch. It's almost easier if there is a partner who can deal with probate. I completed my father in laws probate because I'm that sort of person and although upset by his death I wasn't as emotionally involved as his sons.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #19
          Re: Will

          Probate is a form filling exercise and mainly straightforward when there is a will. I had a few difficulties because there was no will and the process demands the next of kin manages the process or provides the authority to do that. There are hierarchies in kinship spouse, parent, children then siblings which can confuse as the Probate Office will accept the forms and then return them if they deem that the hierarchy has not been followed, e.g. siblings managing probate when a parent is still alive. This requires the parent to write a letter of authority, which may not always be easy e.g. dementia, ill health, distance.

          I hope you are nearing the end of the process. Be aware that grief will still come and bite you when you least expect it, it is only ever just below the surface when you have lost a loved one.

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          • #20
            Re: Will

            Thanks, I actually think that part of the reason I am so miffed about the solicitors is that Mum was careful with her money and would be horrified that they are charging so much for doing so little

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            • #21
              Re: Will

              Got a partial payment via cheque last week and it bounced on Thursday Barclays (the solicitors bank) seem to be the one's at fault. It was bounced as "alteration requires drawers signature" and I really can't see any alterations on the cheque (got it back today) what a farce

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              • #22
                Re: Will

                It could be that the cheque was signed and the signature does not match the one on file for the amount. Sometimes there are limits for certain accounts to protect the company or their client so that the temp cannot embezzle 0000s eg cheque for conveyance may be 2m and require all partners to sign, cheque for maintenance may be 200 and be delegated to trainee.

                I would go back to the solicitors and ask why, as it is their reputation at risk and you could deduct the interest from their fees as a cross charge, perhaps. A direct transfer to your account (without cost to you) would avoid further delay.

                It seems to add insult to injury to get it back over Bank Holidays.

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                • #23
                  Re: Will

                  Hi and thanks Julian,

                  I saw it had bounced on my a/c on Thursday so I rang the solicitors then. They contacted Barclays who are their bank and they said the cheques are scanned through a machine and it was my christian name that was picked up as having a possible change. The cheque I received yesterday doesn't look wrong at all. Why the hell a human couldn't have just rung the sol's and ask the question baffles me.

                  Anyhow I asked for a direct transfer but the accounts person was away and they are the only person who can do it (as if !!!) then later after more complaining it was going to be done but needed the senior partners say so and was away. At 4.45ish I was told all it needed was his say so to "press the button" as all was set up he wasn't responding so that was that for the weekend. I said then that I hope I wasn't going to be charged for the transfer and was met with "not sure, I wouldn't think so" I'd turned it down before as they wanted to charge me around 80.00

                  My contact is now on holiday next week but the senior partner is back Tuesday, if he knows all the codes he's going to "press the button" for the transfer. If he doesn't it will be Wed when the accounts person returns. I've got a fairly strongly worded email ready to send once I've had the transfer.

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