News & insights A helping hand with Probate 2 minutes of reading - Written by Roche Legal It’s hard enough as it is coming to terms with the death of a loved one, but the legal formalities can add to the pressures of trying to sort everything out. Whilst there is always the option for executors or next of kin to personally apply for the Grant of Administration without any professional help, this can often be time-consuming and will mean being interviewed by the Court. Using a solicitor to help you will mean that the process is a lot smoother. We can also advise you along the way of the practical formalities such as when you are entitled to clear the house, dispose of personal items and who is entitled to see a copy of any Will. This can help to reduce the possibility of disputes between the family and will mean that everyone knows exactly what’s what. It can also help having an impartial third party to assist with family meetings, if necessary. If you’re dealing with the death of a family member or friend and you need some help, call us for a free consultation. This is never a sales pitch and we will do what we can during this appointment to help you with the process. If you then decide that you would like us to deal with the legal formalities for you, we will tell you exactly how much it will cost and how long it will take. We will do all the leg work. You needn’t deal with everything yourself, we are here to help. How Roche Legal can help We are reassuring experts who can help you with a wide range of legal matters. Please get in touch if you need legal support with: Trusts and Estate Planning Wills Probate and Estate Administration Contested Probate and Will Disputes Powers of Attorney Court of Protection matters Presumption of Death Applications Missing Persons Guardianship Applications Further Reading When an outright gift to your child is a bad idea When considering not giving an outright gift to a child in your Will, reasons may include their poor financial habits or substance issues. Alternative options include relying on other children, setting up a life interest or discretionary trust, each with its own considerations and potential complexities. When is a Lasting Power of Attorney legally created? In N & S v E & M (2014), the Court of Protection ruled that a Lasting Power of Attorney is legally created when registered by the Office of the Public Guardian, not when signed. This case highlighted that a Lasting Power of Attorney takes precedence over a living will if both are signed on the same day. When is the value of your home disregarded for nursing home fees? The Walford, R v Worcestershire County Council (2014) decision resulted in a daughter successfully having her mother’s home value disregarded in calculating residential care home fees. The court ruled that the property could not be considered in the means assessment because it was her “home,” taking into account both physical and emotional attachment. View all insights Ready for clear, reliable legal advice? Contact us for straightforward advice that makes things easier, saves you money, and gives you peace of mind. Contact us