Avery Associates

  After a person passes on from this world, they may leave a multiplicity of assets behind. Here we think of property and investments, as well as furniture, jewellery, and loose gear. Some else then has to pick up the pieces and pass these things on to their heirs. But first, they have to know how to apply for probate. Applying for Probate Versus Letters of Administration Probate and letters of administration achieve the same aim, in that they empower someone to administer a deceased estate, and pass the assets to the rightful heirs. However, the process for getting there is slightly different: The deceased may have nominated an executor as part of their will, in which case the nominee applies for probate. This is semi-automatic, unless the will is technically flawed, or another person objects. But if there is no such appointment in a legal will, then the state must act. Usually, a close relative or friend steps in, and applies for letters of administration. The government arbitrat...

    Some Reasons Why We May Collect Things March 9, 2022 By  Avery Associates My well-thumbed Oxford dictionary says ‘collecting’ is ‘bringing things together from different places or people’. Therefore the activity could be as old as humanity, even dating before our ancestor hunter-gatherer days. I can understand why early humans created stashes of nuts to see them through winter. However, this does not to my mind really explain why we may collect things like restaurant menus, sports memorabilia and so on. Psychologists Try to Explain Why We Collect Things Some folk gather valuables together like postage stamps and fine art. These become a store of wealth just like like those nuts in a cave, although aesthetic enjoyment also plays a role. Psychologists are not particularly adept at pinning things down, however they do suggest these reasons for low value collections: 1. Collections have deeper, emotional value. They allow us to connect to our childhood...

Greater disposable income coincided with the emergence of the late 20 th   century phenomenon of accumulating trappings of wealth. But there does come a time when we must start to declutter. However, as Gloria Stafford says so eloquently, we must first face the question what is to be done with unwanted possessions in our  compulsively hoarded house . Lest our quality of life suffers while customers queue up thrift charity shops. The Long Gradual Process Leading to Compulsive Hoarding Compulsive hoarding does not appear out of nowhere like the big bang theory of creation. We longed for those trappings of wealth when starting out in life and gradually acquired them. Fast forward the decades and half of us have more possessions than we need. However, research does suggest this process slows for most of us when we reach 50. By then we have enough possessions and may be funding looking after them stressful. However, compulsive collecting often departs from the main stream at this ...

This article is about assets in England and Wales that are your legal entitlement. You can only bequeath things that you truly own. Because if you try to include anything else, the rightful owner could challenge your will and even overturn it completely. You should ponder carefully before deciding who gets the proceeds of your English and Welsh assets when you die. Specialist Advice from the Pen of Jeffrey Avery Jeffrey Avery is a specialist valuer of movable collectables. His work takes him into homes of deceased estates, where survivors ask him to arrange home clearances of unwanted items. They tell him they prefer to pay his slightly higher, yet still reasonable rates. Rather than take chances with fly-by-night tippers, and find the items dumped on open land alongside abandoned household waste. General Principles of Ownership and Wills Ownership is a state whereby a person, or legal entity has exclusive rights and control over an asset. Assets could be land, improvements, intellec...

Hampshire straddled the land bridge from Europe during the last great ice age. Mesolithic hunters gathered in river valleys where they hunted giant beasts. Until these became extinct and they began to experiment with agriculture instead. Roman and Norman colonists added to the genetic chain during several invasions. This contributed to a rich culture still evident in museums and antique dealers. I am mindful of this when clearing a hoarded home in Hampshire for I never know what I will find. A Display Cabinet Filled with Old China Pieces  The 21 st  Century Scourge – Fly Tipping in Hampshire I was traveling down to Southampton a few months ago to attend a  hoarded house clearance  after the occupant passed away. I left London early to avoid the worst of the morning rush, and followed a more leisurely route branching off from the motorway. On an impulse I headed down through B roads to visit a village I always wanted to see. It was everything I expected and I was thor...

Disputes over contents of wills are quite common. Especially during COVID that limits contact between family members. Some testators change their minds quite frequently. Long COVID can affect mental ability in the short term. Hence more people may be asking how to access medical records of deceased persons than before. Disputing a Last Will and Testament – An Overview A person making a will has few restrictions over their decisions. That’s provided the assets they mention are legally theirs, and they have a right to dispose of them. Claiming they were not of sound mind, and lacked sufficient mental capacity is a potential way around challenging such decisions. Especially since the deceased is no longer available for psychometric tests. Many such claims reason in terms Hawes versus Burgess (2013). This was a case where a sister appealed against a bequest that disinherited her brother. She won, although the legal costs absorbed the entire value of the estate. The core judgement ...