What is Probate?
January 17th, 2012Recent reports published by Google identify the search term ‘What is Probate?’ as one of the top 10 ‘what is..’ search terms entered in Google’s search engine in 2011. Why is this the case?
Recent reports published by Google identify the search term ‘What is Probate?’ as one of the top 10 ‘what is..’ search terms entered in Google’s search engine in 2011. Why is this the case?
David Thomas is a Guinness World Record-holder for memory, his memory feats include reciting Pi (3.14159) to 22,500 digits without error and Sunday Times No.1 bestselling author. He has the power to recall many key facts, so remembering simple things such as where a Will may be kept shouldn’t be a problem. But of course, he can only remember facts he has learnt. Like the rest of us, David can’t recall what he doesn’t know.
The Legal Ombudsman have published their first report, listing will-writing by unregulated will-writers as one of the most common complaints they receive. Unfortunately, as the Legal Ombudsman can only act on complaints made against regulated solicitors, these complaints cannot be followed up.
Protect yourself by using a solicitor practising in Wills and Probate, who as they are regulated there is the help available if things go wrong.
Charities in the UK heavily rely on legacies left in Wills. It is a fact that while 74% of the UK population support charities, only 7% currently leave a legacy to them. Remember a Charity work with charities to encourage more people to consider leaving a gift to charities in their Will, after their loved ones have been looked after.
A social worker who hid his mother’s death from her family as he tried to change her will has been branded a ‘disgrace’.
Kenneth Mould concealed his mother Evelyn’s death for over a year and deceived family members by telling them she was ‘in the garden’ when they called for her.
His lies were uncovered when Evelyn’s brother William Wandless became so concerned he called social services to check.
Mr Wandless, 71, of Whickham, Gateshead, spoke out after the pensioner’s son was struck off from ever doing social work again.
After being diagnosed with Alzheimer’s in 2004, Evelyn’s health deteriorated before she left her home of four decades in North Shields, North Tyneside, to live with her son, Kenneth, in Surrey.
Prior to her death, relatives said that she had become extremely forgetful, losing her keys and leaving food to burn on the hob, and often insisted her dead husband was alive and upstairs.
Mould took advantage of the 86-year-old’s severe mental impairment and forced her to replace her will with a new document which made him the sole beneficiary.
She died in February 2007, but in the 12 months that followed, Mould did not tell the family of his mother’s death, writing emails and taking calls in which he claimed she was alive and well.
Last night, Mr Wandless spoke of the moment he discovered his sister was dead and the heartache of not having the opportunity to attend her funeral.
The 71-year-old, of Whickham, Gateshead, said: ‘I will never forgive him. It is a disgrace and I want everyone to know what he did. I have never been to her funeral and I do not even know where my sister is buried.
‘She was a lovely woman and it’s awful that he took advantage of her when she needed him the most. I never want to speak to him again. We have never had the chance to have a funeral and that makes me so angry.’
Mould convinced his neighbours to sign as witnesses after he changed his mother’s will to ensure he inherited her house and estate. But in statements read out during the hearing, they said she ‘quite obviously’ did not realise she was signing a will.
Mould, of Surbiton, Surrey, had been desperately trying to get hold of her assets, the hearing was told. When he realised the will would not withstand scrutiny, he declared her intestate, meaning that she died without executing a valid will.
Mr Wandless, whose wife Muriel died last year after battling cancer, said: ‘Two police officers arrived from Surrey and told me. I was shocked and devastated when I found out. I had contacted social services because I wanted them to go and visit her and make sure she was OK.
Change of plan: Mould tried to get hold of his mother’s assets but when he realised the will would not withstand scrutiny, he declared her intestate
‘It’s hard because the Crown Prosecution Service and police decided there was not enough evidence to charge or prosecute him. It’s very difficult and it’s made worse because my wife never got to see justice done.’
Last December, Mould accepted voluntary redundancy from Merton Borough Council’s social services department, where he had worked with the elderly, after they learned of his deceit.
The striking off order imposed on Monday is permanent and makes it illegal for Mould to be employed as a social worker anywhere in the UK.
Mr Wandless said: ‘No one knew about her death. We rang every fortnight to speak to her and that continued until after Christmas 2006 and then that became difficult, I couldn’t speak to her.
‘After a while, my wife spoke to Kenneth in emails and in these he used to say: “Yeah, she’s all right” and “She’s in the garden”. He told us she was still healthy and still alive.
‘We used to ring the house, but could never get any answer and in October or November I rang him at work and I told him I was going to go down to London to see my sister.
‘Kenneth told me she wasn’t at home and she was in Somerset. I said: “That’s fine, I’ll go to London and then to Somerset, I want to see her”.
‘He put the phone down. After Christmas I wrote to social services in Surrey asking them to visit my sister because I was worried about her.
‘Shortly after that, a policeman came to the door and he said: “I’ve got bad news, your sister’s dead.” I said: “What, she’s just died,” and he said: “No, a year ago.”‘
Grieving for a loved one is traumatic enough, but how are you supposed to feel if you discover that your dearly departed has cut you off without a penny? Louisa Turner – whose world was turned upside down on reading her late father’s will – looks at the plight of the disinherited.
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Your recent article, Rise in number of intestacy disputes, highlighted two interesting issues: hard times encourage people to contest inheritances; and intestacies offer more opportunities for such disputes to take place. My summary of this state of affairs is that necessity and greed are powerful motivators of human behaviour, and death brings out the best and worst in us.
Even if the numbers in the Wedlake Bell research are not huge, the trend is worrying. And it is easy to imagine that, in straitened times, the rapid and relatively steep rise in inheritance disputes will only get steeper.
The ex-wife and the girlfriend of a millionaire estate agent both forged a will in a dispute over his fortune, a court heard yesterday.
Chris John died suddenly at the age of 47, leaving a property portfolio and sports cars – but no will. His girlfriend Gillian Clemo used a forged will to try to ensure she could stay in the luxury home the couple had shared, the jury was told. His former wife Helen John, 48, who had split from her husband ‘acrimoniously’ after his affair with Clemo, then altered that will after discovering that their divorce had never been officially finalised, it was said.
Nearly two-thirds of Britons do not have a will despite the majority of people having a clear idea of who they want to receive their money when they die, a survey suggested today.
Around 62% of people admitted they did not have a will, rising to 70% among people who had children aged under 18, according to professional advice website Unbiased.co.uk. The group warned that this could leave many children vulnerable, as under current laws, children who are not named in a will are only entitled to an inheritance if there is no surviving spouse or an estate is worth more than £250,000.
Gifts in wills form the foundation of charities in the UK. Many depend on these legacies, and without them they simply wouldn’t exist. For example, six out of ten lifeboat launches by the RNLI are only made possible by gifts in wills. And it’s not just the larger charities that benefit from legacies, as over 75% of the costs of caring for the animals at Battersea Dogs and Cats Home are also met by gifts in wills.
Remember A Charity is the biggest single-issue campaign in the voluntary sector, made up of more than 140 member charities. Set up in 2000, the consortium aims to encourage more people to consider leaving a gift to charities in their will, once they’ve looked after their family and friends.