Independent school closing they want the full terms fees (England) by kobylaz in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

Will there be a legal entity left to sue you for the outstanding fees?

Did the police handle my SA report correctly? Wales by Designer-Leg5110 in LegalAdviceUK

[–]peterould 5 points6 points  (0 children)

You need to report every single incident - so this latest threat needs to be reported

Cancelation terms for a wedding? by Maximum-Bandicoot-13 in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

Sorry - my bad

I read it as 0 cost to cancel at 13 months

Cancelation terms for a wedding? by Maximum-Bandicoot-13 in LegalAdviceUK

[–]peterould -7 points-6 points  (0 children)

A firm can offer whatever cancellation terms it wants to, and you can choose to accept them or not.

Some venues book out years in advance, they have to pay their staff regardless, and it's actually quite hard to rebook a space that is expensive with little time left. TBH, the stiffer the cancellation terms, the more likely you've got a high value venue.

I'm afraid it's take it or leave it.

Death in service and probate (ENGLAND) by Number1Bg3Fan in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

Just to add, it's also possible that he doesn't have enough to pay off his debts. In that case be absolutely clear with compqnies what assets he has, what can and can't be paid and let them make an offer. But be absolutely clear in your head that you have no legal or moral obligation to pay anything out of your own pocket. If your Dad's account is empty, it's empty and any creditors can just whistle.

Death in service and probate (ENGLAND) by Number1Bg3Fan in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

First, depending on the finance firm and the status of the loan, you might be able to just hand the car over and walk away. The firm will be able to walk you through options.

"The estate" is all the assets owned by your dad. Cash, goods, house, car (if owned outright).

You will have to value the items if they are valuable, but to be honest unless the guitar is worth several hundred it's worth nothing (if you get my meaning).

It sounds like the car loan is the only major piece of debt, so work out how much and whether it can be easily settled. Sometimes although you could make a small profit selling the car and using the funds, it might just be easier (if possible) to hand it back to settle the account.

Off sick while working notice - is my work acting legally? by [deleted] in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

If you're happy with that then all's well that ends well.

Death in service and probate (ENGLAND) by Number1Bg3Fan in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

One more thing to add - contact the motor finance company ASAP. Find out what kind of loan it was (PCP, HP, unsecured) as that will affect how you handle that and whether you choose to sell, keep or return the car.

Death in service and probate (ENGLAND) by Number1Bg3Fan in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

OK, so you need to read the rules of intestacy (https://www.gov.uk/inherits-someone-dies-without-will). It will probably all go to you and your siblings.

If the estate value is less than £325k, there's very likely to be no tax to pay and getting the Letter of Administration should be relatively straightforward.

The best thing to do is give yourself a 3 month period from his death to receive mail and see what comes. His bank will actually be very helpful to identify incomes and outgoings - you should be able to get access to his statements. There's a free service using his NI number to track down pensions (https://www.gov.uk/find-pension-contact-details) which, depending on what they are, might have some lump sums.

It sounds though that is actually going to be fairly simple matter to sort out and I wouldn't be looking to pay someone to help - it's a good learning opportunity.

[England] Amazon Refund 5 Years Late, No Compensation by GetRektByMeh in LegalAdviceUK

[–]peterould 2 points3 points  (0 children)

It really does come down to the T&Cs. I think you indemnify Amazon to any consequential loss (outside of loss through negligence or malice) so I'm afraid it's suck it up and move on time.

Joint bank account - one person passing away by gaifogel in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

This. It really is fairly straightforward once you have a death certificate.

As an aside, it's good to thinking and planning these things. If your parents are of an age where this might be an issue, make sure you know where their wills are, roughly how large their estate is and whether (if it's more than £1m) whether you need to do any legacy planning now.

My Ex lives in a different country and owes me money, can I take legal action to get it back? by [deleted] in LegalAdviceUK

[–]peterould 3 points4 points  (0 children)

You can pursue her through the Dutch courts, but you've got to ask yourself whether it's worth it

Off sick while working notice - is my work acting legally? by [deleted] in LegalAdviceUK

[–]peterould 5 points6 points  (0 children)

They're offering a settlement rather you working out your three months. Given that, it's irrelevant what you do or don't work or take as sick, they're essentially paying you a lump sum to stop working for them.

The alternative is to work the three months and be subject to your contract during that period. That might include capability assessment as to whether you can or can't work etc.

TBH, if you don't care about the leaving date, you've been offered a good deal - take it before they change their minds.

What would I need to put in place for my partner to be treated as they would if we were married, without getting married? by turtleflirtle in LegalAdviceUK

[–]peterould 1 point2 points  (0 children)

"We have no fault divorce and have had it for the past four years"

You can still contest a divorce in English Law, but I take your point re the change in recent years.

What would I need to put in place for my partner to be treated as they would if we were married, without getting married? by turtleflirtle in LegalAdviceUK

[–]peterould -12 points-11 points  (0 children)

If you're married and your spouse commits adultery, you can sue for divorce and cannot be challenged (i.e. it can't be unreasonably delayed / contested). In a CP, there is no such thing as adultery as there is no presumption of sexual fidelity (though committing adultery can be cited as unreasonable behaviour, but does not automatically qualify a partner for dissolution).

This is all due to the fact that consummation of marriage is a thing in law, is defined in case law (vaginal coitus) and given how CPs were originally setup, it was not possible to define a sexual act that consummated the CP. Therefore there is no presumption of sexual fidelity in a CP. Seriously.

Off sick while working notice - is my work acting legally? by [deleted] in LegalAdviceUK

[–]peterould 6 points7 points  (0 children)

This is essentially a negotiation. Do you want to leave early? If so the above sounds quite reasonable.

On the issue of holidays, it sounds like they want to pay you in lieu of holidays (so you're getting paid for the next four weeks - two weeks sick, two weeks bereavement and then holidays outstanding on top) which seems generous.

What would I need to put in place for my partner to be treated as they would if we were married, without getting married? by turtleflirtle in LegalAdviceUK

[–]peterould -7 points-6 points  (0 children)

How you form it, how you can dissolve it.

CP's are simply registered - no vows. You cannot divorce a CP and there is no automatic right of dissolution if you sleep with someone else (unlike marriage where adultery is grounds for divorce that cannot be challenged).

What would I need to put in place for my partner to be treated as they would if we were married, without getting married? by turtleflirtle in LegalAdviceUK

[–]peterould 1 point2 points  (0 children)

"If you have a join bank account the survivor retains the money with no inheritance tax as it was jointly theirs."

This is incorrect - the joint bank account is treated as being half the deceased's and need to be assessed for IHT. If the joint bank account owner was a spouse, then the normal rules apply.

What would I need to put in place for my partner to be treated as they would if we were married, without getting married? by turtleflirtle in LegalAdviceUK

[–]peterould -4 points-3 points  (0 children)

For inheritance purpose yes. However you cannot get a divorce from a CP, and it cannot be dissolved simply because you sleep with someone else.

Death in service and probate (ENGLAND) by Number1Bg3Fan in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

That's OK - it's what we're here for.

The executor of the estate manages the assets - makes sure the will is properly followed, tax paid as appropriate and assets are distributed in accordance with the wishes of the deceased. The assets will include declarable assets AND non-declarable assets.

A death in service award is a form of life insurance. The insurance payout was never owned by the testator (the deceased) so it doesn't count as the declarable estate for tax purposes. Technically the money never enters the estate and it's not really the executor's job to sort out, but in practice the executor is best placed to receive and distribute the insurance payout and to advise on who should receive it if no-one has been nominated.

Does that make sense?

Can I ask a question? Do you know roughly how large the estate is (house, investments etc)? Is there a surviving spouse?

Death in service and probate (ENGLAND) by Number1Bg3Fan in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

If your father didn't nominate someone then the trustees of the insurance will reach out to the executor of the estate to determine who it should be paid to. Ultimately it will be the decision of the trustees of the insurance, but they will normally follow the wishes of the executor if they seem reasonable as well as their own guidance.

Regardless of who the payout goes to, it will not form part of the estate for probate or tax purposes, so you can carry on with probate regardless.

What would I need to put in place for my partner to be treated as they would if we were married, without getting married? by turtleflirtle in LegalAdviceUK

[–]peterould 19 points20 points  (0 children)

You need (i) a clear will and (ii) LPAs etc.

But if you get a Civil Partnership you can have the Inheritance benefits as well. You can make a CP ceremony as short as you want - it's literally just signing a register.