Probate may not be needed if the person who died only had low value assets in their sole name, only held joint accounts with someone, or owned land or property as joint tenants. Jointly owned assets are usually inherited automatically by the survivor.

If the deceased has bank accounts with savings, probate may be necessary if the banks or financial institutions need to see a Grant before allowing access to the accounts. You will need to ask the bank or building society about their individual requirements as these vary.

If probate is not required, the assets can be distributed to the beneficiaries, unless it is found that the estate is insolvent, which means it does not have enough assets to pay off debts owed.

It depends on the estate. Banks, building societies, or land registries may insist on a Grant of Probate before releasing assets. We’ll check what’s required in your case.

All LPAs in England and Wales must be registered with the Office of the Public Guardian (OPG). This is the Government body that oversees lasting powers of attorney and attorneys’ actions.

Probate is issued by the Probate Registry, which is part of the Family Court system. Your solicitor submits the application, and the Registry sends out the Grant once everything is approved.

The law sets out an order of priority, usually spouse or civil partner first, then children, then parents, then siblings, and so on. “Next of kin” is not a legal concept and has no legal authority - the intestacy rules decide who can apply.

Legally, the intestacy rules set priority: spouse or civil partner first, then children, then parents, then siblings, then nieces and nephews. It devolves to more distant relatives (aunts, uncles, cousins and so on) and if there is no family, it goes to the state (this is rare).

The OPG is the government body which oversees attorneys and deputies. They ensure attorneys and deputies act in the best interests of the vulnerable people they represent. They also advise attorneys and deputies.

The donor, attorneys, witnesses, and a certificate provider must all sign the LPA. Each signature must be in the right order, otherwise the OPG can reject the application.

It is important to write a will if you would like to choose what happens to your assets after your death. If you do not write a will, you will have no control over your assets, which will be distributed according to the Intestacy Rules. A person who dies without a will is called “intestate”.

All executors, current beneficiaries, and new beneficiaries affected by the change must sign. Every signature must be witnessed, and all parties must agree before the document becomes valid.

HMRC treats the trust assets as if they belong to the life tenant. This means they are included in the life tenant’s estate for inheritance tax purposes when they die.

Solicitors offer impartiality and experience, which reduces stress and the risk of family conflict. Many people in Leeds choose Winston Solicitors when they want fairness and clear communication.

An LPA gives you peace of mind that your wishes will be respected if you lose capacity. Without one, your loved ones might have to apply to the Court of Protection to be your deputy, which can be expensive, stressful and time-consuming. Worse still, the Court might appoint a deputy they choose, like a local authority or court-appointed lawyer, being someone you don’t even know.

We estimate it takes one to two years to fully administer an estate, although it can be quicker or slower. It depends on the complexity of the estate (property sales, tax issues, foreign assets or beneficiaries, long lost family, claims against the estate, etc) which is not always something a solicitor can control and how promptly institutions that are part of the process, like the Probate & Land Registries, HMRC, DWP, banks & building societies, respond. However, a solicitor can investigate fully to make sure no stone is left unturned so an estate is fully administered in accordance with the rules; thereby reducing the chances of the executors or administrators of the estate being liable for mistakes. This may take time but is worth it in the long run.

When you instruct a solicitor for probate, it can take time to collect the details of the estate and understand the assets, debts and income involved. After this, the probate application will need to be completed. Once probate is granted, the time it takes to collect and distribute all the assets will be dependent on the complexity and size of the estate. As many large government and financial institutions are involved, the solicitor may face delays due to their response times.

It is unlikely. You should contact the liquidator who will give you the available information.

The answer is yes. The working restrictions on a bankrupt are not to be a company director, not to take part in the formation or management of a company without a court order, not to take credit of more than £500.

The home is often the most valuable asset people own. Find out more about what happens to a bankrupts home here.

You are insolvent if you cannot pay your debts as they fall due and/or your liabilities are greater than your assets.

Some employers may have already placed employees temporarily onto reduced hours and pay due to the downturn in work as a result of the coronavirus. These employers will not be able to seek reimbursement in respect of wages costs for employees who are still working on reduced hours. The scheme only applies where employees are put on furlough leave. This point causes some difficulties for some employers. The scheme may financially disincentivise employers from keeping their business open. Keeping a business running with staff on reduced hours allows an employer to keep a revenue stream and retain customers. However, this is likely to be more expensive for the employer than putting all staff on furlough leave and have HMRC pay 80% of their wages.

The guidance suggests that employees who are on sick leave or self-isolating should receive statutory sick pay only but can be furloughed once they have recovered or are no longer self-isolating.

Yes, in cases of harassment and sexual harassment, claims can be made against the harasser directly.

When the portal is set up it is anticipated that the employer will need to submit the following:

The employers PAYE reference number
The number of employees being furloughed
The claim period (start and end date)
The amount claimed
The employer’s bank account number and sort code
A contact phone number

Employers can only submit one claim at least every 3 weeks which is the minimum length an employee can be furloughed for.

It would seem at first sight that employees who transferred under TUPE to a new employer after that date cannot be placed on furlough leave. However given that TUPE operates to preserve the rights of employees and their contracts on transfer to the new employer it could be argued that these employees should be treated as if they were on the new employe’rs payroll on 28th February. This point requires further clarification from the government and at the moment, it is difficult to say with certainty which is the correct answer.