Burton probate solicitors

 

Burton probate solicitors

Burton Probate Solicitors, McIntosh Fleming & Co, bill just £600 (VAT inclusive) to undertake the probate of the deceased’s estate, where the estate is valued at no more than £300,000. Written confirmation is available.

Most Burton solicitors will bill you much more as their bill is based on a hourly rate of £100-£200 and will involve more than 3 hrs work , or is based on a percentage of the value of the deceased’s estate . We believe we are one of the cheapest Burton probate solicitors.

Moreover we uniquely work at evenings and weekends , including home visits. We believe we are one of the easiest Burton probate solicitors to instruct.

You can instruct excellent Burton probate solicitors simply  by e-mailing gary@burton-lawyer.com  or by calling on free-phone (0800) 1712215.

Case study 1

 

Executors and Administrators – Administration by the court – Order for general administration – Representatives cannot exercise powers without sanction of court.

The plaintiff was the sole executor and trustee of the testator’s will and obtained an order for the general administration of the estate of the deceased. The order directed certain accounts and inquiries to be made and concluded by ordering that the testator’s property not specifically devised or bequeathed should be applied in payment of his debts and funeral and testamentary expenses and afterwards in the payment of the legacies and annuities given by his will in due course of administration, but that none of the stated accounts and inquiries, with the exception of the one as to the testator’s debts, were to be prosecuted in chambers except with leave of the judge. The plaintiff took out a summons asking for directions (i) whether he was at liberty to dispose of and deal with the assets of the testator’s estate in due course of administration without first obtaining the sanction of the court, and (ii) if he had no such powers, that he should be given such general powers. It was contended for the plaintiff that the later part of the order for general administration enabled him, where the court was only proceeding with the inquiry as to the deceased’s debts, to deal with and dispose of the estate in due course of administration, as otherwise there would be a deadlock:—

Held – (i) the order was an order for general administration, notwithstanding that only one account was to be proceeded with in the meantime.

(ii) where the court has made an order for the general administration of an estate, the powers of the deceased’s representatives may not be exercised without the leave of the court, which will be granted in appropriate cases.

Case study 2


Wills – Construction – “I exonerate all people from the repayment of moneys owing to me at the time of my death” – Secured and unsecured debts owing to testatrix.

By a codicil to her will which contained bequests to a very large number of beneficiaries, the testatrix declared: “I exonerate all people from the repayment of moneys owing to me at the time of my death.” The estate, which amounted to about £50,000, consisted partly of real estate and partly of stock exchange securities, and the debts owing to the testatrix at the time of her death (and amounting to about £9,500) consisted of (a) two unsecured debts, ie, loans to personal friends on promissory notes, and (b) secured debts, ie, loans secured by mortgage or charge:

Held – on the true construction of the codicil, the testatrix meant to forgive personal debts owing to her by friends, and not to give up securities for money, and, accordingly, only the unsecured debts were forgiven.’