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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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my mother was resident in a council care home and paying full

Resolved Question:

my mother was resident in a council care home and paying full fees she has recently died the council are now paying back part of the fee while she was at the home Because she had less than £5,000 we don't need grant of probate. the council will not pay the money back unless we have grant of probate is this legal on their behalf
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : A grant of representation (also known as probate) is not always needed, for example, if the person who died:has left less than £5,000 in total; orowned everything jointly with someone else. However, some financial organisations may require a grant before giving youaccess even to a small amount of money.
Alex Hughes : So the request that's being made is legal because even though the amount is less than £5,000 they are entitled to ask for grant of representation.
Alex Hughes : You can ask a solicitor to apply for the grant of representation on your behalf. To find a solicitor:visit www.lawsociety.org.uk/find-a-solicitor and search under 'Wills and Probate';visit www.probatesection.org.uk; orphone(###) ###-####5650.You can also apply for a grant in person at:the Principal Registry (Family Division) at the London Probate Registry (phone 0845(###) ###-####or visit www.hmcourts-service.gov.uk); ora district probate registry in cities and many large towns (ring 0845(###) ###-####to find your nearest probate registry and to get an information pack).If you apply in person, you will have to go for an interview at the registry and fill in an application form and a tax form. There is a fee for this.Staff at the registry can help you fill in the forms.- See more at: http://www.lawsociety.org.uk/for-the-public/common-legal-issues/probate/#sthash.HFyFqwia.dpuf
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Expert:  Alice H replied 3 years ago.
I noticed that some of the telephone numbers were redacted by the system. If you need them please let me know otherwise you should be able to get the contact details from the various websites mentioned. Hope this helps. Alex