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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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A solicitor was slow getting LPA through should have got it

Resolved Question:

A solicitor was slow getting LPA through should have got it in April just got it 2 week ago since then the relative we got it for died at the weekend before we got it registered at his bank what can I do as we now have to pay for his funeral and other expense and unable to get any of his money to do so ,where do I go from here
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did the now deceased person have a will ?
Who has been appointed executor?
Customer: replied 2 years ago.
He did not have a will and did not appoint a executor he had no family only a brother who lives with us and my wife was on the LPA who is his niece but this was all set up when he first went in a home so we could settle all out standing bills
The solicitor who advices us started it all in march left the practice and it was not until we rang in April to follow up and found out it had been left so the whole thing had to start again
Expert:  Jo C. replied 2 years ago.
You have a complaint to make against the solicitor's practice for providing inadequate level of service.
However that only accounts for one month delay between March and April and then the whole scale of things would probably not make that much difference. It would certainly not help with the current situation.
If you present the someone must take control of affairs would normally be the closest blood relative. If there is a house involved, there will need to be a grant of probate although that is not needed if the only assets are cash and under £20,000 or thereabouts.
All the deceased's assets pass in accordance with the rules of intestacy and here is a link where you will find those rules.
http://www.graysons.co.uk/wills-intestacy.html
If whoever takes control of the estate presents the funeral account to the bank, the bank will discharge it directly. Beware of arranging the funeral unless you have the banks agreement to do that because whoever arranges the funeral is responsible for paying for it.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thank you for your reply his nearest blood relative is hi brother who I 90 years old and is looked after by us and does not want the responsablty of it all so if we get a letter from him passing it all to his daughter who had power of attorney for the deceased as there is no property and moneys are less than £20'000 would that be ok .
Expert:  Jo C. replied 2 years ago.
A simple letter would be enough and then the daughter can sign a standard form with the bank or building society (which needs to be sworn in front of a solicitor) whereby she confirms that she is entitled to deal with the estate and will deal with it appropriately.
All she needs to do is go along to the bank or building society with the death certificate and a copy of the passbook or bank statements et cetera and explain what has happened.
Because of the value of the estate and that it is all in cash or bank, there is no need for grant of probate as it will be dealt with as a small estate.
Jo C., Barrister
Category: Law
Satisfied Customers: 69984
Experience: Over 5 years in practice
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