Everything getting on top of me.

[Never-In-Doubt]

Re: Everything getting on top of me.

Good advice Garlok - Ames, seriously - consider it, you really don't need this so best to sort it properly...

As for DWP - shame, but the only way around it would be drop off the means tested benefits and purchase the house, then live off the non means tested stuff (ie DLA) and when a year has passed you should be fine making a new claim.

However, similarly, it may be best to seek proper advice regards to this as well.

[CleverClogs (RIP)]

Re: Everything getting on top of me.

Assuming that there are no problems with probate, the Letters of Administration should be granted by the middle to the end of August. You cannot place a notice in the London Gazette before you get control of the estate, so it could be the end of November before the estate could be divided up; the house could, of course, be sold before then.

[Never-In-Doubt]

Re: Everything getting on top of me.

Dad and sister say we don't need a solicitor to deal with the house sale because we're selling to dad so it'll be a private sale.

Really? So your dad and sister are qualified conveyancers are they? they can generate a market value, complete the paperwork and checks, notify land registry etc etc?

Ermmm, no offence but the pair of them really don't have a clue do they?

[Ames]

Re: Everything getting on top of me.

I've phoned the solicitor's, theyre calling me back tomorrow.

I can't believe how messy this has all got.

[Never-In-Doubt]

Re: Everything getting on top of me.

I've phoned the solicitor's, theyre calling me back tomorrow.

I can't believe how messy this has all got.

who are they? Please name the solicitor firm

[garlok]

Re: Everything getting on top of me.

If they are saying that you don't need a solicitor to deal with the conveyancing then this this is dodgy. Talk to the one you have been recommended to but do NOT leave it.

Theoretically you don't need legal people to handle conveyancing but if you go it alone you will get stitched up. Do they know about transfer deeds, Land Registry procedures, trnasfers of monies at the appropriate time, taxation liabilities. ECP requirements etc. Most of these "licensed conveyancers" who flaunt themselves around get it wrong and you end up with a solicitor to sort out the mess with an even bigger legal bill. At least if they get it wrong then you have a claim against their professional indemnity insurance and the threat of a complaint to the SRA.

Garlok

[Ames]

Re: Everything getting on top of me.

Good advice Garlok - Ames, seriously - consider it, you really don't need this so best to sort it properly...

As for DWP - shame, but the only way around it would be drop off the means tested benefits and purchase the house, then live off the non means tested stuff (ie DLA) and when a year has passed you should be fine making a new claim. Would it be ok to only wait a year? I could easily buy a house and live for a year on my inheritance, plus DLA and SDA (not means tested), but if I had to sit out the 6 years that it'd take to live off it at IS and HB levels till it was below 16k then that'd be a big problem.

However, similarly, it may be best to seek proper advice regards to this as well.

Assuming that there are no problems with probate, the Letters of Administration should be granted by the middle to the end of August. You cannot place a notice in the London Gazette before you get control of the estate, so it could be the end of November before the estate could be divided up; the house could, of course, be sold before then.

In a way that's good, it gives me a bit more breathing space.

Really? So your dad and sister are qualified conveyancers are they? they can generate a market value, complete the paperwork and checks, notify land registry etc etc?

Ermmm, no offence but the pair of them really don't have a clue do they?

Nope, not a clue at all. They're just pushing ahead and ignoring my concerns about the legal situation, and things like them putting a new kitchen in, in a house that's not insured. It's total madness.

I've just phoned the solicitors, they're calling me back tomorrow.

Anyway, I've got to go now, I'm meeting my support worker then seeing my GP.

Thanks so much for all the advice.

[Ames]

Re: Everything getting on top of me.

who are they? Please name the solicitor firm

Irwin Mitchell. Please don't tell me they're terrible...

If they are saying that you don't need a solicitor to deal with the conveyancing then this this is dodgy. Talk to the one you have been recommended to but do NOT leave it.

Theoretically you don't need legal people to handle conveyancing but if you go it alone you will get stitched up. Do they know about transfer deeds, Land Registry procedures, trnasfers of monies at the appropriate time, taxation liabilities. ECP requirements etc. Most of these "licensed conveyancers" who flaunt themselves around get it wrong and you end up with a solicitor to sort out the mess with an even bigger legal bill. At least if they get it wrong then you have a claim against their professional indemnity insurance and the threat of a complaint to the SRA.

Garlok

One of the reasons for selling it to dad is to save money on EA's and solicitors.

I can't believe I've been so naive and let it get this far.

Anyway, now I REALLY have to go lol.

[caspar]

Re: Everything getting on top of me.

Dad and sister say we don't need a solicitor to deal with the house sale because we're selling to dad so it'll be a private sale.

Ames,

The solicitors have this side of things pretty much wrapped up. When I sold my last house, the purchaser was a personal friend and we wanted to do things without solicitors. However, it all fell down for one simple reason. In order for the house sale to complete there had to be electronic transfers of monies.

We didn't have this facility, and in any case you need to protect yourself in a house sale, so doing it without legal advice is not a good idea.

[Never-In-Doubt]

Re: Everything getting on top of me.

Thanks so much for all the advice.

As I said, it'd be best to seek proper legal advice regards the benefits as well - do not trust the word of the PA's at the JC as they are often wrong.

I would suggest you sort the main issues before worrying about the benefits element......

[Never-In-Doubt]

Re: Everything getting on top of me.

Irwin Mitchell. Please don't tell me they're terrible...

Yes they are - they are a claims processor, ie you get teeny boppers on the phones etc......

They done our PI claim and they settled at £1500, we changed and got £5200 in the end!

Ermm, anyway that is MY opinion..... :niddy

[caspar]

Re: Everything getting on top of me.

To be fair to them, if you Google Irwin Mitchell reviews, though there are a couple of people like Niddy, who have had negative experiences, the vast majority are good.

[charitynjw]

Re: Everything getting on top of me.

IM are leading the field to go 'Alternative Business Structure', aka 'Tesco law'.

How do the more knowledgeable posters see this trend?

http://www.legalweek.com/legal-week/...aw-investments

[CleverClogs (RIP)]

Re: Everything getting on top of me.

The solicitors have this side of things pretty much wrapped up. When I sold my last house, the purchaser was a personal friend and we wanted to do things without solicitors. However, it all fell down for one simple reason. In order for the house sale to complete there had to be electronic transfers of monies.

Fiddlesticks!

How do you suppose conveyancing was done in the 1950s, when there were only 5 or so computers in the whole of the UK?

[caspar]

Re: Everything getting on top of me.

IM are leading the field to go 'Alternative Business Structure', aka 'Tesco law'.

How do the more knowledgeable posters see this trend?

http://www.legalweek.com/legal-week/...aw-investments

I would have thought if a business can reduce their tax liability from 50% to 28% that would be an excellent move, as long as the service to their customers is not adversely affected.

It's interesting to see that from October 6th 2011 the Solicitors Regulation Authority will be changing the way in which they regulate solicitors and firms, concentrating more on an outcome focused regulation. They're also identifying high risk areas and putting most of their efforts towards those. It's good to see them responding to the simultaneous change towards ABS. IMO ABS is not necessarily a bad thing, there are many areas of a law business that do not need a solicitor to run them, and indeed may well be run better by someone outside the legal profession. Hopefully this restructuring will result in better service for the consumer.

At the end of the day, it matters not one jot how they're structured, how much tax they pay or what they're called etc.... What matters is the quality of the service received by the consumer.