Emmerson Solicitors - Probate Law

Probate Lawyers - The Inspector Clouseaus Of The Legal World.

When we take on a probate case it is often in respect of a client who lived alone before their death. They may not have been married in the first place, which is quite common, or their spouse or cohabitee predeceased them. We, therefore, turn up at a property and have to work our way through everything. Would you know where to start if you had been asked to look after the estate of a distant relative who you may not have seen for years? Are you a friend who was asked to be an Executor? Either way, you may know a lot less than you’d assumed about how your friend or relative lived their life.

That’s why I feel as if I am Inspector Clouseau a lot of the time. In one case last year, I could see that our client had been a churchgoer. I contacted the local vicar and he was able to give me a bit of back-ground, who some relatives were, who may have died years ago etc. This was important because of the way the will was drafted. People who may have seemed important turned out to be none other than those my client had met on holiday and had then visited once.

I have to search the house for valuables. But what is valuable? We alerted our auctioneer to a collection of comics recently. He was beyond excited and travelled a great distance to collect them. They raised hundreds of thousands of pounds at auction! I have clients who have collections of antiquities and artwork that they have brought from their country of birth. It is always worth investigating their origin as what may seem worthless in this country could be exceptionally valuable in another.

Or what about bank statements. We have to go back seven years to ensure that no monies or assets were given away during that period which would have an impact upon Inheritance Tax. I love going through bank statements. I can often spot overpayments. Three lots of house insurance per year in one case. Our client didn’t have the wherewithal to understand what was going on. It took some time but we managed to recover payments which had been made to two of the insurance companies.

Or enquiring about the mental health of a client in the years before their death. Someone who has lost mental capacity should not be paying council tax. I have recovered thousands of pounds in overpaid council tax in various cases.

I always look to see if recurring payments are being paid from bank accounts or credit cards. What were they for, should they have been paid? Are some of them prepayments that now need to be reclaimed? I wonder though if Inspector Clouseau knows as much about infestations as me? Wasp nests, rats, mice, sewer flies, is that mould or damp, what is the likely source? What is the cheapest and fastest way of getting rid of all of the above?

We also have to consider items found in the house. One client had a contract for various electrical items including televisions. Imagine if you had given away the tv or taken it to the skip. It is only by checking all documentation and bank statements that we spot important information which leads us to investigate further. A common issue is stairlifts, does the company still own it, is there a balancing payment due?

Then there are secret relatives. We have come across documents that show that the next of kin is actually the child of the deceased. The child that no one knew about and who has not been adopted. In one instance, the family assumed that they were next of kin until we told them otherwise. Cash and goods had already been removed from the property and had to be returned. But it was far better that the family found out sooner rather than later. What if the child had sought their rightful inheritance at a later date?

On more than one occasion we have uncovered a secret family. Our clients sometimes live double lives. This means that the house, pension and all other assets have to be sorted out. As you can imagine one side of the family may be very angry, not only is there another “wife” or “husband” but sometimes there are also children involved.

Surprisingly some items that you may think are valuable turn out to be almost worthless. There are trends and fads in the antiques and auction world. So that very expensive sideboard that your friend or relative was so proud of turns out to be worth nothing and it costs money to have it taken away. Certain ornaments previously worth hundreds or even thousands turn out to be so out of favour that you couldn’t get rid of them at a flea market. Auctioneers often charge a fee for coming out to value items. That fee may be more than the value of the goods themselves. However, because we have used the same auctioneer for years they will come out to our probate houses free of charge. I often take items along from a few houses at once. If a client has been in a care home then often all that is left is jewellery and ornaments. I love to hear that an innocuous looking brooch is worth hundreds. Or a damaged old watch or a battered musical instrument. I’m actually on holiday for a couple of days, so what have I spent my time doing? You guessed it, trotting around antique barns.

If you need any help or advice to plan your own affairs or if you are now trying to administer an estate please don’t hesitate to contact me. Our award wining Probate Team of the Year are always happy to have an initial chat with you.

Wills and Probate Solicitors Newcastle:  0191 284 6989

Wills and Probate Solicitors Sunderland: 0191 567 6667

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