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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My father is still alive but my mother died recently. They

Resolved Question:

Hello, my father is still alive but my mother died recently. They have wills but the solicitor who prepared them is no longer practicing. How can i track down the wills? Also my father moved into residential care a week before my mother died. All her assets and half the value of the house will now pass to my father. the only assets she has are half the house and £23k in cash. How should we proceed? Wills are straightforward as far are we are aware.
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is ***** ***** I am sorry for your loss

I shall do my best to help you but I need some further information first

When were the Wills made?

Customer: replied 9 months ago.
In 1987.
Customer: replied 9 months ago.
Robin F clark solicitors, Gravesend.
Expert:  Clare replied 9 months ago.

Just for clarity - to the best of your knowledge and belief the Originals were left with the solicitor?

Customer: replied 9 months ago.
Actually we just found copies so can track down the originals now so thank you for that half of the question.
Expert:  Clare replied 9 months ago.

In fact the firm was subject to an Intervention by the Solicitors Regulation Authority - details here

https://www.sra.org.uk/consumers/solicitor-check/095120.article

I suggest that you contact Blake Morgan who may have the originals.

Are any of the assets held in your mother's sole name?

Customer: replied 9 months ago.
Only her one bank account. The house is in joint names. She was in dementia care home until she died so we had already tidied up her assets etc so all is very simple. We just wondered whether we need to go to probate.
Expert:  Clare replied 9 months ago.

Is the £23,000 in the account?

Customer: replied 9 months ago.
a little over - the amount which was the threshold for the council paying care home fees. She has no other assets.
Expert:  Clare replied 9 months ago.

In that case it is likely that you will need to obtain Probate in Order to release those funds.

You can arrange an appointment at your local Probate Office if you wish to do it in person

Please ask if you need further details

Customer: replied 9 months ago.
The bank have seen the death certificate and put a marker on the account so it can't be used. We were registered as LPA for mum and dad (though I suppose after death that is all invalid) with the bank, they asked to see the will and have indicated that that will be enough to transfer those funds to my father who has an account at the same bank. We will try that first and if any issues then seek probate.
Expert:  Clare replied 9 months ago.

That is good news - it is fair to say that the major banks are better than they used to be at this - only a few years ago the limit for doing this was £5,000!

If that works then that is great - and you should be able to deal with the Land Registry by sending a copy of the Death Certificate

Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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