Longridge: 01772 783 314 | Garstang: 01995 602 129 | Lancaster: 01524 581 306 
 
Longridge: 01772 783 314 
Garstang: 01995 602 129 
Lancaster: 01524 581 306 

Posts tagged “Wills and Probate”

As every Personal Injury Law specialist knows the Mental Capacity Act 2005 sets out five principles to help protect Clients who may struggle to make decisions: 
 
A person must be assumed to have capacity unless it is established that he or she lacks capacity 
A person is not to be treated as unable to make a decision unless all practicable steps to help him or her to do so have been taken without success 
A person is not to be treated as unable to make a decision merely because he or she makes an unwise decision 
An action taken or decision made under this Act for, or on behalf of, a person who lacks capacity must be in his or her best interests 
Before an action is taken or a decision made, regard must be had as to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action 
It’s an odd expression, which you most-likely will have never heard in your day-to-day life, however the Cab Rank Rule applies to barristers, and is a professional obligation to accept instructions from every client, regardless of their personal opinion of the client, or their views of the case that they would be dealing with. According to the Bar Standards Board, it originates from the principles instilled in Cab drivers – no Licensed Hackney Carriage driver can refuse to carry a passenger, save from some limited exceptions. 
It’s always nice to get good feedback from a happy client, so with our expert team of Solicitors in Garstang, Solicitors in Longridge and Solicitors in Lancaster receiving more and more nice reviews and thank you gifts, we thought that we would share our successes. 
Whilst some law firms like to put their trainees in one department for a set period of time and then move them to the next department for a set period of time, here at MG Legal we find it works better to combine seats so that you do not forget the processes and information you have learnt. 
 
My days are often long but they are most certainly never the same! Whilst Conveyancing can sometimes be somewhat transactional, and Family Law more emotional, it is often found that some Conveyancing transactions become frustrating: when there is a chain, affecting your client’s property transaction, and you have no control over Mrs Smith’s property sale, that is three houses down the chain to your client’s purchase, as a property solicitor who liked to be in control of literally everything, then, well, you start to understand the situation!  
 
On the other hand, Family matters are dealt with in an almost business-like manner, in cases where couples have remained quite amicable and both know what they want the outcome to be. Currently, I spend my Mondays and Thursdays within the Family Department, and the remainder of the week with the Conveyancing Department; however, these days will often be swapped if there is a Family matter in Court. 
When your loved one passes away, there can be so many services that you have to cancel: the TV services, their gas or electric, their mobile ‘phone – the list goes on and on. A common thing that people do not think they need to cancel is their families’ Lasting Power of Attorney documents. 
 
But, how do you cancel the documents? Can you get a refund? 
Due to the dreaded 'B' word (Brexit), your Solicitors in Preston have seen a rise in the number of people who are applying for an Irish Passport.  
 
But, as part of the process of applying, you have to have your identity certified by a professional, such as MG Legal. But what is certifying a document, and how much does it cost? 
In our previous blog post, which can be found here, we have discussed the changes happening to the Probate Service, including the move to an online system. 
 
As part of these changes, the traditional ‘Oath’ has been changed to a Statement of Truth. Paul Downer, in his blog post for HMCTS, has explained that a number of ‘pain points’ were identified as part of the research, one of which being that users were unsure of the term ‘swearing of the oath’, adding to their, usually already high, stress levels. 
Following recent observations made by the Solicitors Regulation Authority – the SRA, your conveyancing solicitors will soon be required to publish their fees on their website for all to see. This has been brought about by the SRA striving for transparency throughout matters, with full and frank information regarding fees being available from the outset. 
Finding new clients requiring a solicitor is, believe it or not, uber-competitive. I mean, as soon as you Google ‘personal injury solicitors in Preston’ claims management companies appear at the top of the page, and they don’t even have an office within 20 miles of the Preston area. So, in such times, what does your local property and divorce solicitors do? Well, they turn to social media in order to attract more clients.. Twitter, Facebook, Instagram and maybe even Pinterest. 
When your loved one passes away, quite often you will need to obtain a Grant of Probate, commonly just known as Probate. 
 
This process normally involves making an application to the Probate Registry Office, including details of the deceased’s financial position and their Will. If their Will is not available (or in some cases, if they did not have one), you would need to apply for Letters of Administration. 

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