The growth in claims after death Over the next few months, Barrett & Co will be publishing a series of articles highlighting the extensive work that we do in what is known as Contentious Probate. This specific type of civil litigation is primarily linked to issues and disputes caused when family members pass away, perhaps…

In November 2018 the UK Government proposed a substantial increase in Probate Court fees which were to be charged on a sliding scale in accordance with the value of the Estate. My colleague, Jane Whitfield, wrote an article at the time explaining the increases which can be found here. These increases would have seen our…

You may be eligible for a refund if you were overcharged deputyship fees by the Office of the Public Guardian (OPG) for England and Wales. Due to the difficulty in predicting costs, as the number of deputyships rose faster than the OPG expected, the fees charged did not match how much it cost the OPG…

A Lasting Power of Attorney is a legal document that lets you (the ‘donor’) appoint one or more people (known as the ‘attorney’) to act on your behalf should you ever be unable to deal with your affairs. Such inability may arise as a result of Alzheimer’s disease or dementia, but equally if you suffered…

When making a Will many people focus on protecting and passing on their financial assets, and some consider that they do not need a Will if they do not have any assets. But what about protecting your family? As a parent you need to consider who would look after your children if something happened to…

Court action against people acting with power of attorney on behalf of vulnerable people jumped to record levels last year. The Office of the Public Guardian (OPG) made 721 applications to the Court of Protection to censure or remove attorneys in 2018/19. That was 55% up from the previous year’s total of 465. Two of…

You may be acting as the Executor of a deceased person’s Will, in which case you will be responsible for winding up the deceased’s estate and carrying out the terms of their Will. If the estate includes a property, then it will be your responsibility to sell the property unless the beneficiaries under the Will…

This article deals with those who act in a representative capacity for a house owner, as their attorney or deputy. Selling under a Power of Attorney It is important to be aware of the extent of your powers, which will be defined by the type of Power of Attorney you have, and any specific directions…

The programme is based on the work of probate detectives trying to find an eligible relative for a surprise inheritance. So why did 55,000 estates last year pass to the Bona Vacantia Division of the Government? Simply because the deceased failed to make a Will and did not leave any eligible relatives. If you do…

We are often asked by clients “do I need a Will?” or “does my (loved one) need a Will?” and when answering this question there are several factors to consider. It is also important not simply to see a Will as something you might need but, in fact, something you might want! Firstly, it is…

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