It is often considered that if a parent dies, the survivor will automatically become the sole legal guardian of that child. This is untrue. A mother automatically has parental responsibility for her child from birth, however the conditions for fathers gaining parental responsibility vary. A father only has automatic responsibility if he is married to the mother when the child is born or has acquired parental responsibility for his child through one of these three routes:
From the 1st Dec 2003, jointly registering the birth with the mother
- Parental Responsibility Agreement with the mother (prepared by a solicitor)
- Parental Responsibility Order made by a Court
Living with the mother even for a long time does not give a father parental responsibility and if the parents are not married, parental responsibility does not always pass to the natural father if the mother dies.
All parents (including adoptive parents) have a legal duty to financially support their child whether they have parental responsibility or not.
For this reason it is imperative for anyone with children to write a suitable Will which provides for both their welfare and financial security.
If you need further help or advice on dealing with estate administration or require more information on Probate or Wills in general, please call The Probate Bureau‘s free helpline on 0800 028 2837
It is a common misconception that having a Will means you do not need Probate. This is completely untrue, whether or not Probate is required is based solely on the size of the estate and the location of assets. Probate is required if there are assets you cannot release because of their value.
Having a Will may make it easier for the executor to administer the estate, as your wishes have been clearly stipulated, however the legal process of obtaining Probate may still be necessary.
Probate is known as ‘proving the Will’.
For more information on Probate visit our website or telephone 0800 028 2837 to talk to one of Probate advisors.
It is a common misconception that Probate properties sell for less than their market value. However, this is almost never the case. Whilst many people believe that beneficiaries are willing to accept a lower offer in order to be able to finalise the Probate process, in our experience this is not what happens.
An Executor of an estate has a responsibility to ensure that they achieve the best possible price for all assets, including the property, which means a price too far below the recommend open market valuation cannot be accepted in order to speed up the Probate process. Also, due to the current financial climate, many beneficiaries want to ensure that they achieve the best price possible in order to ease their own financial burdens.
It must be noted that in some cases, recently bereaved people have an unrealistic idea of how much a property is worth due to the sentimental attachment to the property. This must not be confused with the actual recommended open market valuation. Before submitting any forms for Probate, The Probate Bureau will always obtain a professional open market valuation as well as researching property values in the area local to the deceased’s property. If this results in an obscure valuation we will of course obtain further professional valuations.
However, despite the fact that Probate properties do not sell for less, the sale process is often completed in less time as there is never a chain.
For additional information on selling Probate properties visit The Probate Bureau web site or contact Kate Wallace on 0800 028 0837.
We often find when we deal with probate cases that a living relative or Executor has great difficulty locating the Deceased’s Will. Ideally copies of the original Will should be taken with a certificate to indicate the original’s location. In reality some Wills are lost making handling probate very difficult.
The Probate Bureau offers a full Will storage service for an annual charge of £25.00 payable by Standing Order. It is an effective way to securely store probably the most important document you will ever write along with any other important information and documentation. For less than 50p week it makes good sense and offers peace of mind. If you are interested in finding out more about The Probate Bureau Will Storage contact email@example.com
For more information about Will Storage and our Will writing services, please contact Patricia Steinfeld at The Probate Bureau on 0800 028 2837.
If the deceased either owned or rented a property they will normally have utility bills that they were responsible for.
If they lived with someone else and that person continues to live at the property after the death then the utility accounts should be transferred into their name and a final bill issued up to the date of death, which will be paid from the estate.
However, if the deceased lived alone then the account should be put in abeyance pending the sale or transfer of the property. All bills incurred up until then are payable from the estate.
Most utility companies will put the accounts on hold until funds are available in the estate. If the estate is insolvent then the debts will be written off, it is important to advise the providers as soon as possible if this is the case.
If you need further help or advice on dealing with utilites bill or require more information on Probate matters, please call our free helpline on 0800 028 2837.