Can A Solicitor Give Advice That Could Be Wrong?
unknowingly or given in such a way that it is sort of correct but done so that they can make more money from you because you are naive or at your most vulnerable.
You may remember that I was told that probate can take 6-9 months(to some extent that could work in my favour)as unless my situation changes due to what our Government plans regarding changes to welfare, I would still be entitled to all that I have been until I come into Mum's savings, then things will change.
Either for a short time or perhaps forever.
However, I was informed that I would have to attend an office possibly as far away as Newcastle Upon Tyne(that would mean having to travel quite a distance)to swear an oath that what I have put on the claim for probate is true to the best of my knowledge.
Therefore costing money to travel to/from the town and then probably more cost to reach the venue.
Another fee was mentioned that I may have to pay. Suggesting that I could be more out of pocket than if I let them deal with the claim and all legal matters.
Remember they are talking of charging approx £3,000 to handle Mum's estate.
The forms arrived today to allow me to..."Do it myself!"
What jumped out at me immediately is that the first form says that I have up to approx 24 months to submit the forms so I don't have to act immediately(and I could probably claim that I was waiting to see if anyone wanted to make a claim on her money)saying that they were owed something. Which is what that legal representative was doing when they said it could take 6-9 months to have everything go through even if they do it on my behalf.
The other thing that jumped out from a quick read of the forms is that apart from a fee of £2(or was it £6) per additional copy of documents)once its all been sorted, the only other fees to do it without a solicitor seems to be £105 to the Probate Office paid by cheque or Postal Order.
I can swear an oath at a local solicitors office of my choice(thus avoiding going to)Newcastle or somewhere else...and that will cost £5.
If I have read all that correctly I will pay no more than approx £130-£200. Even if I still lose out because I have to pay full rent, utility bills, food and community charge, I would still rather have an extra £3,000 of Mum's money than handing it over to a solicitor.
I would say that wouldn't I but for the small amount Mum had, I think I should be allowed to keep it for emergencies and to make my life more comfortable so that if I need to buy things I am not struggling to find the cash or go cap in hand to our Government for help.
It is unlikely that a miracle will happen and my health will improve but the criteria you have to meet is to become more difficult to meet, and reapplying does not Guarantee the help you receive now, will still be given to you. And that's what worries many the most.
I'm sorry if I start to have another rant again(and I sound like a broken record)this is more born out of worry and uncertainty about about the future. The worry that if things change I may be left without a roof over my head.
Of course all may be well but none of us know...so if you are tired of me saying the following...skip the rest of this post...I give you my permission :-) I have linked to some articles that offer more detailed information and to be fair and avoid my biasness, some do put the opposite view.
Instead of making people spend what may be the one time they have some extra money to help improve their lives and they may never ever get the chance to accumulate again is it fair to make them spend it and have it go down to a point where you have hardly anything behind you to act as a safety net and you are "Poor" and wholly dependent on the state.
Of course I can see that you need to put a threshold in place where you have to try and support yourself but £16,000 is far too low in this day and age whether you work, are retired or ill/disabled.
In many cases this is money that is unlikely to be added to and it will stay static or will be spent, not on luxury items(and they ask for receipts and proof of what it is being spent on)they can still see what you are doing with it. That extra money could mean that you can leave your heating on longer or perhaps buy better food to help your health.
Such a windfall is often given to you and often the only way you'll see any extra money. The fact that you have been unable to save yourself shows that you are genuinely struggling and because you have been claiming proves that.
Under the new legislation that is being proposed(and it will be passed, I cannot see how it could not be)on numbers alone)if many find their benefits taken away, such money may be needed to stop a person losing a roof over their head(even temporary)or to provide some income whilst an appeal is made against a decision that can take 6 months or longer. Especially because so many cases now go to appeal.
As I have said earlier most claimants are genuine and if they had the choice of taking Government money or being able to survive on savings or be fit and healthy so they are not in the situation they find themselves they would. Few are working the system and no one likes having to go "Cap in hand" and jump through the ever increasing hoops you have to jump through to get it!
We keep hearing that they want to make work pay and that you will be better off financially in work than out of work. How many jobs pay a decent wage? Especially when you take off all the things that people have to pay when working...such as the cost of travelling to and from work, tax, possible things you may have to buy to do your job(many firms make you pay for your uniform/tools etc...)and other costs are incurred that I have not thought of, I am sure...
Many jobs do not pay what you could call a decent wage so it is still topped up by Government help or you still have to apply for help to pay the rent on your home etc...so the Government is still having to offer welfare. Most people are only earning a minimum wage. Employers should be paying what can be called a decent "living" wage but often duck out of their responsibilities.
When working you may break even or could be £5-£10 better off so technically you are financially better off. So they have not broken their promise. That won't take long to swallow up with the way bills keep rising.
You know that you are in troublewhen a Government minister says that they hope to strip half a million people classed as disabled of their benefits but in particular that it could include people who have lost a limb(perhaps a leg)and what particularly upset many was that this statement included ex servicemen who were disabled because they fought on behalf of our country(though I think there has been some back peddling on this since it came out in the media).
I am only talking about the benefits I have knowledge of, there is much that I do not know about.
You may remember that I was told that probate can take 6-9 months(to some extent that could work in my favour)as unless my situation changes due to what our Government plans regarding changes to welfare, I would still be entitled to all that I have been until I come into Mum's savings, then things will change.
Either for a short time or perhaps forever.
However, I was informed that I would have to attend an office possibly as far away as Newcastle Upon Tyne(that would mean having to travel quite a distance)to swear an oath that what I have put on the claim for probate is true to the best of my knowledge.
Therefore costing money to travel to/from the town and then probably more cost to reach the venue.
Another fee was mentioned that I may have to pay. Suggesting that I could be more out of pocket than if I let them deal with the claim and all legal matters.
Remember they are talking of charging approx £3,000 to handle Mum's estate.
The forms arrived today to allow me to..."Do it myself!"
What jumped out at me immediately is that the first form says that I have up to approx 24 months to submit the forms so I don't have to act immediately(and I could probably claim that I was waiting to see if anyone wanted to make a claim on her money)saying that they were owed something. Which is what that legal representative was doing when they said it could take 6-9 months to have everything go through even if they do it on my behalf.
The other thing that jumped out from a quick read of the forms is that apart from a fee of £2(or was it £6) per additional copy of documents)once its all been sorted, the only other fees to do it without a solicitor seems to be £105 to the Probate Office paid by cheque or Postal Order.
I can swear an oath at a local solicitors office of my choice(thus avoiding going to)Newcastle or somewhere else...and that will cost £5.
If I have read all that correctly I will pay no more than approx £130-£200. Even if I still lose out because I have to pay full rent, utility bills, food and community charge, I would still rather have an extra £3,000 of Mum's money than handing it over to a solicitor.
I would say that wouldn't I but for the small amount Mum had, I think I should be allowed to keep it for emergencies and to make my life more comfortable so that if I need to buy things I am not struggling to find the cash or go cap in hand to our Government for help.
It is unlikely that a miracle will happen and my health will improve but the criteria you have to meet is to become more difficult to meet, and reapplying does not Guarantee the help you receive now, will still be given to you. And that's what worries many the most.
I'm sorry if I start to have another rant again(and I sound like a broken record)this is more born out of worry and uncertainty about about the future. The worry that if things change I may be left without a roof over my head.
Of course all may be well but none of us know...so if you are tired of me saying the following...skip the rest of this post...I give you my permission :-) I have linked to some articles that offer more detailed information and to be fair and avoid my biasness, some do put the opposite view.
Instead of making people spend what may be the one time they have some extra money to help improve their lives and they may never ever get the chance to accumulate again is it fair to make them spend it and have it go down to a point where you have hardly anything behind you to act as a safety net and you are "Poor" and wholly dependent on the state.
Of course I can see that you need to put a threshold in place where you have to try and support yourself but £16,000 is far too low in this day and age whether you work, are retired or ill/disabled.
In many cases this is money that is unlikely to be added to and it will stay static or will be spent, not on luxury items(and they ask for receipts and proof of what it is being spent on)they can still see what you are doing with it. That extra money could mean that you can leave your heating on longer or perhaps buy better food to help your health.
Such a windfall is often given to you and often the only way you'll see any extra money. The fact that you have been unable to save yourself shows that you are genuinely struggling and because you have been claiming proves that.
Under the new legislation that is being proposed(and it will be passed, I cannot see how it could not be)on numbers alone)if many find their benefits taken away, such money may be needed to stop a person losing a roof over their head(even temporary)or to provide some income whilst an appeal is made against a decision that can take 6 months or longer. Especially because so many cases now go to appeal.
As I have said earlier most claimants are genuine and if they had the choice of taking Government money or being able to survive on savings or be fit and healthy so they are not in the situation they find themselves they would. Few are working the system and no one likes having to go "Cap in hand" and jump through the ever increasing hoops you have to jump through to get it!
We keep hearing that they want to make work pay and that you will be better off financially in work than out of work. How many jobs pay a decent wage? Especially when you take off all the things that people have to pay when working...such as the cost of travelling to and from work, tax, possible things you may have to buy to do your job(many firms make you pay for your uniform/tools etc...)and other costs are incurred that I have not thought of, I am sure...
Many jobs do not pay what you could call a decent wage so it is still topped up by Government help or you still have to apply for help to pay the rent on your home etc...so the Government is still having to offer welfare. Most people are only earning a minimum wage. Employers should be paying what can be called a decent "living" wage but often duck out of their responsibilities.
When working you may break even or could be £5-£10 better off so technically you are financially better off. So they have not broken their promise. That won't take long to swallow up with the way bills keep rising.
You know that you are in troublewhen a Government minister says that they hope to strip half a million people classed as disabled of their benefits but in particular that it could include people who have lost a limb(perhaps a leg)and what particularly upset many was that this statement included ex servicemen who were disabled because they fought on behalf of our country(though I think there has been some back peddling on this since it came out in the media).
I am only talking about the benefits I have knowledge of, there is much that I do not know about.
posted by The Great Gildersleeve | 1:48 pm
15 Comments:
I didn't skip it Gildy but I won't be commenting on the 'bottom half' of your post.
Re the title and the first paragraph: do bears shit in the woods? :-)
Ok Span I repect your decision...as for the first part...yes they do...
Thankfully my contact with solicitors and the law have been few and far between and I hope that it stays that way...
With my son and myself working, we are just about getting by, each month gets more and more difficult.
Having to drive to work is costly and this is where work does not pay for the people on benefits. It costs a lot to get to and from jobs these days and when you factor that in, being £5-£20 per week on top of benefits becomes a bit of a joke.
Yes you may have pride, but not much else!!!!!!!!!!
I don't know what the answer is but it does seem strange that our "governments" would allow such an increase in our population and then insist that everyone should be in work!!
I can only say that what I have uncovered in my research and curiosity has made my blood curdle.
We ain't seen nothin yet as the song goes Gildy.
Cx
Would you ever consider riskin this?
http://www.diyprobateforms.co.uk/sl2/?gclid=CJG2odrrjLACFVDTzAodPRtlow
Nick
Thanks Nick...
The forms that arrived today seemed straightforward, the worry is should I take the probate route quickly and see the help I now receive stop very quickly and perhaps not be able to apply again with the changes that happening or leave it for a while(as I say the form suggests you can leave probate for approx 24 months(not that I would leave it that long)
Would I risk using the site you suggest? Quite possibly but as far as I know I have contacted every one that I supposed to...
Banks, utility companies, the DWP, relatives, solicitors when I have had to.
Some kind of service that stops letters and advertising stuff from companies are dealing with general mail problems.
I have also informed the pension scheme that paid out some my Father's works pension to Mum.
BT regarding her name being removed from the telephone directory and I have gone ex-directory myself and changed companies.
TV Licensing, even Mum's Boots Advantage and Tesco's card.
I know that I am not alone Carol but "What The Heck Are We Going To Do?"
I don't buy them often but if I win the lottery I'll help you and VQ out, of course it is not likely to happen.
At least Mum had none of this to worry about...I had a feeling things were going to be bad whenever I lost her.
You obviously will worry about the future and probably about your son too and what may happen regarding his future.
I'd like to say owning your own helps protect to some extent but I'm not so sure that it does if it has to be used to pay for your care if you have to go into a nursing home, or have to try and avoid inhertance tax, not forgetting that property needs repairing and so on.
The basic essentials of life are under attack.
BTW Nick I see the CAB on Tuesday, I'll see what they offer in the way of general advice and about probate...and I may mention that site to tem too.
A quick online search sent me here:
http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/index.htm
Perhaps there is information there that can help, Gildy.
Jan
At the risk of repeating myself, I can only say that I managed probate myself with no problems at all. You are more than bright enough to do the same. If there were trusts and other people involved, it might be different but, as far as I can see, your mum's will will be very straightforward and, I imagine, that you are the only person involved. It should be a piece of cake. Why pay a solicitor thousands of pounds for such a straightforwad case?
From what you say, once the funeral bill has been paid, you will almost be down to the level of savings that is allowed for benefit claimants.
My advice would be to get it sorted out and put it behind you.
I'm a little bit over if I do it myself...if I leave it a while I will get a little money that I may be able to fall back on for emergencies, if I do it quick the £2,000/£3,000 saved will go the Government in that they won't be paying me for an extra amount of time and I'll have to reapply for help and hope I get it!
So its either the solicitor or the Government that benefits.
I think that you are right though VQ...I'll certainly ask the CAB's opinion on Tuesday...
I know it's silly but if I do have Mum mentioned in the book in our church rather than at the crematorium and if I do decide to plant a rose tree here or a plant if I am somewhere that has no garden but still decide that Mum's ashes remain at the crematorium I feel as though she has been neglected and is on her own.
That's a Human feeling and I know that she is no longer here. I know I have to make a decision soon. I hope that I do the right thing.
Gildy, whatever you feel in your heart is right will be the right thing to do.
The first Christmas after my mum died, I bought a holly wreath to put on her grave. I went to the cemetery but, when I got there, I couldn't bring myself to put it on her grave because it was prickly.
Now, how daft is that?
But, only three months after she had died, it made a sort of sense to me.
We just have to do what is right for 'us'.
Again the voice of reason VQ...and I can understand how you felt.
It's what makes us Human and individuals...
My mother-in-law has her husband and her son's ashes (they weren't spread at the time for odd reasons beyond her control and too long to explain here). She's requested that when she passes that they all be spread together. Her preference is in the ocean, so that's what we'll do.
You might keep her ashes and have them spread with yours when it's time....many, many year from now! :o)
Jan
Jan, I have a friend who has done the same with her husband's ashes. The funeral directors said they will keep them as long as is necessary and her son has been given instructions to scatter them together in a favourite place when the time comes.
I think it's rather nice, actually.
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