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Coronavirus (COVID-19): immigration guidance

Guidance on immigration provisions made by the Home Office for individuals affected by travel restrictions associated with coronavirus (COVID-19).

Published 17 February 2020Last updated 27 February 2020 — see all updates From:  

Contents

  1. Chinese nationals in the UK whose visa has recently expired or is about to expire
  2. Non-Chinese, non-EEA nationals in the UK normally resident in China
  3. Chinese nationals in the UK whose visa was granted by Irish authorities (British Irish Visa Scheme (BIVS)
  4. Chinese nationals in the UK whose visa was granted by the Crown Dependencies
  5. Switching to a Tier 2 category in the UK
  6. Information for Chinese or third country nationals in China
  7. British nationals in China who need to apply for a passport
  8. Licensed Tier 2, Tier 4 or Tier 5 sponsors: absences due to coronavirus
  9. Additional immigration queries
  10. Coronavirus Immigration Helpline
  11. Additional resources

Due to travel restrictions because of coronavirus some individuals may be facing uncertainty in relation to the expiry date of their current visa or leave to remain in the United Kingdom. The Home Office understands that in many cases this is because of circumstances outside of your control.

Subject to the below guidance, most people in the UK whose immigration status is affected by the coronavirus outbreak will get an automatic extension of their visa until 31 March 2020.

Read the guidance below to find out if your visa will be automatically extended or if you need to contact the Home Office’s dedicated coronavirus immigration helpline to discuss your circumstances and arrange an extension.

The helpline can only speak to the visa holder or applicant about individual cases. If a third party wishes to speak on their behalf, they must have the visa holder’s permission.

Chinese nationals in the UK whose visa has recently expired or is about to expire

If you are a Chinese national in the UK and have been compliant with the conditions of your visa prior to the coronavirus outbreak, your visa will be automatically extended to 31 March 2020 if your visa has an expiry date between 24 January 2020 and 30 March 2020.

You’ll also get an automatic extension if you’re in the UK on a long-term standard visitor visa that lasts 2, 5 or 10 years and you have reached the maximum stay of 180 days between 24 January 2020 and 30 March 2020.

You don’t need to do anything to get this extension.

You will remain subject to the same immigration conditions attached to your visa during the extension period.

You will not automatically receive a new visa or Biometric Residence Permit card.

Your new expiry date (31 March 2020) will be added to UK Visas and Immigration’s systems.

If you need a status letter confirming this extension, or a new Biometric Residence Permit with a revised expiry date, you should contact the coronavirus immigration helpline.

If you have already applied to extend your visa you don’t need to do anything.

If you are intending to apply to extend your stay in the UK before 31 March 2020 you should continue to do so.

Non-Chinese, non-EEA nationals in the UK normally resident in China

If you are a non-Chinese or non-EEA national in the UK but are normally resident in China and your visa in the UK has an expiry date between 24 January 2020 and 30 March 2020 you should contact the coronavirus immigration helpline.

The team will be able to extend your visa to 31 March 2020 if you can demonstrate you are normally resident in China.

You will remain subject to the same immigration conditions attached to your visa during the extension period.

Chinese nationals in the UK whose visa was granted by Irish authorities (British Irish Visa Scheme (BIVS)

If you are a Chinese national in the UK with a visa that was granted by the Irish authorities and has an expiry date between 24 January 2020 and 30 March 2020 you should contact the coronavirus immigration helpline to discuss your circumstances.

Chinese nationals in the UK whose visa was granted by the Crown Dependencies

If you are a Chinese national in the UK with a visa that was granted by a Crown Dependency and has an expiry date between 24 January 2020 and 30 March 2020 you should contact the coronavirus immigration helpline to discuss your circumstances.

Switching to a Tier 2 category in the UK

If you are a Chinese national in the UK on a Tier 2 Intra-Company Transfer visa and want to switch to a Tier 2 General visa you normally need to return to China to make your application.

You can exceptionally apply to switch from a Tier 2 Intra-Company Transfer to a Tier 2 General visa from within the UK if your visa has an expiry date between 24 January 2020 and 30 March 2020.

You will still need to pay the relevant fee and meet all the requirements of a Tier 2 General visa, other than the requirement that you usually have to apply in China.

Information for Chinese or third country nationals in China

UK Visa Application Centres in China are currently closed.

The Home Office continues to monitor the situation and updates on when the VACs will re-open will be available on VFS’s website.

Bookings for Secure English Language Testing (SELT)

Access to approved Secure English Language Testing (SELT) facilities across China is also currently restricted in line with national requirements, and tests scheduled for March 2020 have been cancelled.

These dates are being kept under review as the situation develops.

Test takers who have already taken their test will receive their Test Report Form (TRF) by mail.

For all the latest information, please visit the International English Language Testing System (IELTS)’s website, or contact your test centre directly by email.

Chinese or third country nationals whose passport is at a Visa Application Centre (VAC)

UK Visa Application Centres in China are currently closed.

Where possible we will return passports currently held in VACs to customers via courier, where courier return has been requested. This will not be possible in all locations.

If your passport is currently held in a VAC, but you have not previously arranged for it to be returned by courier, please contact VFS Global directly.

The Home Office continues to monitor the situation and updates on when the VACs will re-open will be available on VFS’s website.

As soon as we are able to re-open the VACs we will prioritise the return of all documents to our customers.

British nationals in China who need to apply for a passport

Due to the closure of Visa Application Centres (VAC), it is not currently possible to apply for a British passport from China. If you urgently need to travel to the UK, you can apply for an emergency travel document.

British passports that were due for collection at a VAC have now been delivered to the British Embassy in Beijing, or the Consulates in Shanghai and Guangzhou. You will be contacted to make arrangements to collect your documents.

The Home Office is monitoring the situation, and as soon as we are able to re-open the VACs we will prioritise the return of documents to our customers.

Licensed Tier 2, Tier 4 or Tier 5 sponsors: absences due to coronavirus

Some Tier 4 students or Tier 2/5 employees may be prevented from attending their studies or employment due to illness, the need to serve a period of quarantine or the inability to travel due to travel restrictions caused by coronavirus.

Sponsors do not need to report student or employee absences related to coronavirus which they have authorised.

Sponsors do not need to withdraw sponsorship if they consider there are exceptional circumstances when:

  • a student will be unable to attend for more than 60 days
  • an employee is absent from work without pay for four weeks or more

Decisions on whether to withdraw a student from their studies or terminate an employment are for sponsors to make. The Home Office recognises the current situation is exceptional and will not take any compliance action against students or employees who are unable to attend their studies/work due to the coronavirus outbreak, or against sponsors which authorise absences and continue to sponsor students or employees despite absences for this reason.

The Home Office will keep this under review, especially if the length of absences mean a potential repeat of period of studies become necessary.

Additional immigration queries

You can also contact the coronavirus immigration helpline if you have any other immigration queries related to coronavirus, including questions about urgent, compelling, compassionate case where a Chinese national or other visa national based in China needs to travel to the UK.

If your query doesn’t relate to immigration provisions associated with coronavirus (COVID-19) please contact the general immigration helpline on 0300 123 2241.

Coronavirus Immigration Helpline

Telephone: 0800 678 1767 (Monday to Friday, 9am to 5pm)

Calls are free of charge.

Email: CIH@homeoffice.gov.uk

Due to Data Protection Regulations we can only speak to the visa holder or applicant about their specific query.

If you are a third party (for example family member or sponsor) and wish to speak on their behalf, we must have the visa holder’s permission. This can be provided by verbal consent to the coronavirus immigration helpline or written consent via email. The email to verify consent must be sent from the email address provided on the visa holder’s application to CIH@homeoffice.gov.uk to enable us to provide a response. Without consent we are unable to discuss person-specific details with a third party.

Additional resources

We will keep our guidance under regular review. You can keep up to date by reading the latest Public Health England advice which includes the latest advice for travellers.

The Foreign and Commonwealth Office (FCO) has also produced guidance for British people travelling and living overseas following the outbreak, and you can find country-specific information on their travel advice pages for all countries you’re planning to visit or transit.

Published 17 February 2020Last updated 27 February 2020 + show all updates source:https://www.gov.uk/guidance/coronavirus-immigration-guidance-if-youre-unable-to-return-to-china-from-the-uk

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New immigration system: what you need to know

The UK is introducing a points-based immigration system from 2021.

  1. Visa application process
  2. Skilled workers
  3. Global talent scheme
  4. Low-skilled workers
  5. International students and graduates
  6. Other visa routes
  7. Visiting the UK
  8. EU citizens living in the UK by 31 December 2020
  9. Crossing the UK border
  10. Proving immigration status in the UK

This page will be updated with the latest information about the new points-based immigration system as it becomes available.

Sign up for email alerts to get updates on the new immigration system:

On 19 February 2020, the government set out the details of the UK’s points-based immigration system. These new arrangements will take effect from 1 January 2021, once freedom of movement with the European Union (EU) has ended. It will treat EU and non-EU citizens equally and aims to attract people who can contribute to the UK’s economy. Irish citizens will continue to be able to enter and live in the UK as they do now.

Visa application process

New immigration routes will open from autumn 2020 for applications to work, live and study in the UK from 1 January 2021.

You’ll be able to apply and pay for your visa online.

When you apply, you’ll be asked to provide your biometric information. The process for this is:

EU, EEA and Swiss citizens

For most visas you’ll provide a digital photo of your face using a smartphone app. You will not have to give your fingerprints.

For a small number of minor visa routes (to be confirmed later this year) you’ll need to go to an overseas visa application centre to have your photo taken.

Non-EU citizens

You’ll continue to submit your fingerprints and a photo at an overseas visa application centre.

Skilled workers

The points-based system will include a route for skilled workers who have a job offer from an approved employer sponsor.

From January 2021, the job you’re offered will need to be at a required skill level of RQF3 or above (equivalent to A level). You’ll also need to be able to speak English. The minimum general salary threshold will be reduced to £25,600.

If you will earn less than this - but no less than £20,480 - you may still be able to apply by ‘trading’ points on specific characteristics against your salary. For example, if you have a job offer in a shortage occupation or have a PhD relevant to the job.

Details of how the points system will work are in the policy statement.

If you’re an employer planning to sponsor skilled migrants from 2021, and are not currently an approved sponsor, you should consider getting approved now.

Global talent scheme

The global talent scheme will be opened up to EU, EEA and Swiss citizens. It will allow highly-skilled scientists and researchers to come to the UK without a job offer.

Low-skilled workers

There will not be an immigration route specifically for low-skilled workers.

The seasonal agricultural visa pilot scheme will be expanded - recognising the significant reliance this sector has on low-skilled temporary workers.

International students and graduates

Student visa routes will be opened up to EU, EEA and Swiss citizens. You’ll be able to apply for a visa to study in the UK if you:

  • have been offered a place on a course
  • can speak, read, write and understand English
  • have enough money to support yourself and pay for your course

A new graduate immigration route will be available to international students who have completed a degree in the UK from summer 2021. You’ll be able to work, or look for work, in the UK at any skill level for up to 2 years.

Other visa routes

Short-term work visas in specific sectors (the current ‘Tier 5’) and investor, business development and talent visas (the current ‘Tier 1’) will be opened up to EU citizens.

Visiting the UK

EU, EEA and Swiss citizens and other non-visa nationals will not require a visa to enter the UK when visiting the UK for up to 6 months. All migrants looking to enter the UK for other reasons (such as work or study) will need to apply for a visa in advance.

EU citizens living in the UK by 31 December 2020

If you’re an EU, EEA or Swiss citizen living in the UK before 31 December 2020, you and your family can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021.

Crossing the UK border

Citizens of Australia, Canada, Japan, New Zealand, the United States of America, Singapore and South Korea - with a biometric chip in their passports - will continue to be able to use ePassport gates to pass through the border on arrival. EU, EEA and Swiss citizens will also be able to use ePassport gates (this will be kept under review).

EU, EEA and Swiss citizens will continue to be able to cross the UK border using a valid passport.

We may stop accepting EU, EEA and Swiss national ID cards for entry to the UK after 2020. We’ll announce further details, including the date for this change, in advance. However, if you begin living in the UK before 31 December 2020 and have status under the EU Settlement Scheme, you’ll be able to use your national identity card to enter the UK until at least 31 December 2025.

Proving immigration status in the UK

EU citizens

EU, EEA and Swiss citizens will use an online service to view their immigration status and to prove their status to others.

Employers, landlords and public service providers will continue to accept EU citizens’ passports and identity cards as evidence of their immigration status until 30 June 2021.

Guidance for employers is available on carrying out right to work checks on EU citizens and their family members in the UK.

Non-EU citizens

Non-EU citizens will continue to use a physical document to prove their immigration status.

Published 28 January 2020Last updated 19 February 2020 + show all updates   source: https://www.gov.uk/guidance/new-immigration-system-what-you-need-to-know

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EU settlement scheme: Vulnerable 'struggling to apply'

The Home Office has been slow to respond to concerns that vulnerable people are struggling to access the EU settlement scheme, campaigners say.

A group representing EU citizens, the3million, claimed some people were "struggling to apply" or still do not know about the scheme.

It comes after the government's immigration watchdog criticised the Home Office's handling of the scheme.

All EU citizens who want to stay in the UK after Brexit have to apply.

A House of Commons report says 3.1 million people have done so, so far.

A separate report by David Bolt, the chief inspector of borders and immigration, praised some of the Home Office's work to help vulnerable applicants, but also raised concerns and made several recommendations for improvements.

'Hidden costs'

The immigration watchdog said: "Most of the recommendations were aimed at improving the way the scheme operates for vulnerable and hard-to-reach individuals, and applicants who are finding the process difficult."

But he said the Home Office's response had been "less positive and constructive than I had hoped".

The government department accepted all but one of the report's recommendations, which called for the system, which people do not have to pay to use, to be made "genuinely free".

It denied that applicants were subjected to "hidden costs" identified in the report, such as phone operator charges when calling the scheme's helpline and charges imposed by some councils for ID document scanning services.

It conceded some applicants may incur costs but said help and information was available by a variety of means, suggesting the costs could be avoided.

'Long delay'

David Bolt's report covers the five months to the end of August 2019, although Mr Bolt said most of the inspections were carried out between April and June.

Charity Migrant Voice said the relevancy of the report was "called into question by the long delay in its publication".

Migrant Voice director Nazek Ramadan said: "The scheme has seen a big uptick in applications in the six months since the inspection ended and existing problems are likely to have been exacerbated (and new ones generated) in that time."

It follows press reports about mistakes, including the story of a 101-year-old Italian man who has been living in the UK for more than 50 yearswho was asked to get his parents to confirm his identity, after the computer system incorrectly processed his year of birth as 2019, not 1919.

Maike Bohn, co-founder of the3million, said David Bolt's report "echoes our key concerns that not enough has been done to reach, inform and assist EU citizens through this crucial process".

"Like David Bolt we hoped for more positive and constructive responses from the Home Office," he added.

Bell Ribeiro-Addy, Labour's shadow immigration minister, said: "It is unacceptable that government departments have been less than co-operative when the status of millions of EU citizens is at issue."

A Home Office spokesman said: "We're pleased that the inspector praised the Home Office's management of the EU Settlement Scheme and recognised the wide range of support available online, by phone, and in person."

source: https://www.bbc.co.uk/news/uk-politics-51675813?intlink_from_url=https://www.bbc.co.uk/news/topics/c302m85qe1vt/uk-immigration&link_location=live-reporting-story

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Different types of UK VISAS
  • Work Visas.
  • Business Visas.
  • Study Visas.
  • Visitor Visas.
  • Family Visas.
  • Settlement Visas.
  • Transit Visas.
  •  
  • What you need to do

    Check if you need a UK visa, apply, manage your application, biometric residence permits

  •  
  • EU, EEA and Commonwealth citizens

    Settled and pre-settled status for EU citizens, EEA family permits, UK Ancestry visa

  •  
  • Visit the UK

    Visit for a holiday, business or a short stay (up to 6 months), airport transit visas

  •  
  • Study in the UK

    Short-term study visas and visas for longer courses, degrees and independent schools

  •  
  • Work in the UK

    Paid and voluntary work, entrepreneur and investor visas

  •  
  • Family in the UK

    Partner, spouse and family member visas and permits

  •  
  • Live permanently in the UK

    Ways to settle in the UK and routes to British citizenship

  •  
  • Seek protection or asylum

    Claiming asylum as a refugee, the asylum process and support

  •  
  • Immigration appeals and status problems

    Appeal against a visa, settlement or asylum decision, immigration status problems

  •  
  • Travelling to the UK

    Moving your belongings, going through customs and tax

  •  
  • https://www.gov.uk/browse/visas-immigration
Wills and Probate

Life is very unpredictable and therefore, it is in the best interests of you

and your family to prepare for eventualities.

We, at Saifee Solicitors, can provide you full assistance with the following: –

#Solicitors #Leicester #Hounslow #Immigration #Wills&Probate #LegalAdvice #FamilyLaw #PropertyLaw #Matrimonial #SaifeeSolicitors

what is intestacy

Intestacy is the condition of the estate of a person who dies without having made a valid will or other binding declaration.[1] Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance.

Contents

History and the common law[edit]

Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift. A forced share (or legitime) can often only be decreased on account of some very specific misconduct by the forced heir. In matters of cross-border inheritance, the "laws of succession" is the commonplace term covering testate and intestate estates in common law jurisdictions together with forced heirship rules typically applying in civil law and Sharia law jurisdictions. After the Statute of Wills 1540, Englishmen (and unmarried or widowed women) could dispose of their lands and real property by a will. Their personal property could formerly be disposed of by a testament, hence the hallowed legal merism last will and testament.

Common law sharply distinguished between real property and chattels. Real property for which no disposition had been made by will passed by the law of kinship and descent; chattel property for which no disposition had been made by testament was escheat to the Crown, or given to the Church for charitable purposes. This law became obsolete as England moved from being a feudal to a mercantile society, and chattels more valuable than land were being accumulated by townspeople.

Rules[edit]

Where a person dies without leaving a will, the rules of succession of the person's place of habitual residence or of their domicile often apply, but it is also common for the principality where the property is located to have jurisdiction regardless of the decedent's residence or domicile.[2] In certain jurisdictions such as FranceSwitzerland, the U.S. state of Louisiana, and much of the Islamic world, entitlements arise whether or not there was a will. These are known as forced heirship rights and are not typically found in common law jurisdictions, where the rules of succession without a will (intestate succession) play a back-up role where an individual has not (or has not fully) exercised his or her right to dispose of property in a will.

Current law[edit]

In most contemporary common-law jurisdictions, the law of intestacy is patterned after the common law of descent. Property goes first or in major part to a spouse, then to children and their descendants; if there are no descendants, the rule sends you back up the family tree to the parents, the siblings, the siblings' descendants, the grandparents, the parents' siblings, and the parents' siblings' descendants, and usually so on further to the more remote degrees of kinship. The operation of these laws varies from one jurisdiction to another.

United Kingdom[edit]

England and Wales[edit]

In England and Wales the Intestacy Rules have been uniform since 1925 and similar rules apply in Northern Ireland, the Republic of Ireland and many Commonwealth countries and Crown dependencies. These rules have been supplemented by the discretionary provisions of the Inheritance (Provision for Family and Dependants) Act 1975 so that fair provision can be made for a dependent spouse or other relative where the strict divisions set down in the intestacy rules would produce an unfair result, for example by providing additional support for a dependent minor or disabled child vis-a-vis an adult child who has a career and no longer depends on their parent.

The rules of succession are the Intestacy Rules set out in the Administration of Estates Act and associated legislation. The Act sets out the order for distribution of property in the estate of the deceased. For persons with surviving children and a wealth below a certain threshold (£250,000 as from February 2009), the whole of the estate will pass to the deceased's spouse or also, from December 2005, their registered civil partner. For persons with no surviving children but surviving close relatives (such as siblings or parents), the first £450,000 goes to the spouse or civil partner (as from February 2009).[3] Such transfers below the threshold are exempt from UK inheritance tax.

If a person dies intestate with no identifiable heirs, the person's estate generally escheats (i.e. is legally assigned) to the Crown (via the Bona vacantia division of the Treasury Solicitor) or to the Duchy of Cornwall or Duchy of Lancaster when the deceased was a resident of either; in limited cases a discretionary distribution might be made by one of these bodies to persons who would otherwise be without entitlement under strict application of the rules of inheritance.[4]

For deaths after 1 October 2014, the current rules where someone dies leaving a spouse or civil partner are as follows:

  • If there are no children, grandchildren, or great-grandchildren then the spouse or civil partner inherits the entire estate.
  • If there are children, grandchildren, or great-grandchildren, the spouse receives the personal possessions and the first £250,000, then half of everything else passing under the intestacy rules. The other half passes to the children equally at 18, with provision for grandchildren whose parents have died before the intestate deceased.

In larger estates, the spouse will not receive the entire estate where the deceased left other blood relatives and left no will. They will receive the following:

  • all property passing to them by survivorship (such as the deceased's share in the jointly owned family home);
  • all property passing to them under the terms of a trust (such as a life insurance policy);
  • a statutory legacy of a fixed sum (being a larger sum where the deceased left no children); and
  • a life interest in half of the remaining estate.

The children (or more distant relatives if there are no children) of the deceased will be entitled to half of the estate remaining immediately and the remaining half on the death of the surviving spouse. Where no beneficiaries can be traced, see bona vacantia.

Scotland[edit]

The law on intestacy in Scotland broadly follows that of England and Wales with some variations. A notable difference is that all possible (blood) relatives can qualify for benefit (i.e. they are not limited to grandparents or their descendants). Once a class is 'exhausted', succession continues to the next line of ascendants, followed by siblings, and so on. In a complete absence of relatives of the whole or half-blood, the estate passes to the Crown (as ultimus haeres). The Crown has a discretion to benefit people unrelated to the intestate, e.g. those with moral claims on the estate.[5]

Canada[edit]

In Canada the laws vary from province to province. As in England, most jurisdictions apply rules of intestate succession to determine next of kin who become legal heirs to the estate. Also, as in England, if no identifiable heirs are discovered, the property may escheat to the government.[citation needed]

United States[edit]

In the United States intestacy laws vary from state to state.[6] Each of the separate states uses its own intestacy laws to determine the ownership of residents' intestate property. Attempts in the United States to make probate and intestate succession uniform from state to state, through efforts such as the Uniform Probate Code, have been met with limited success.

The distribution of the property of an intestate decedent is the responsibility of the administrator (or personal representative) of the estate: typically the administrator is chosen by the court having jurisdiction over the decedent's property, and is frequently (but not always) a person nominated by a majority of the decedent's heirs.

Federal law controls intestacy of Native Americans.[7]

Many states have adopted all or part of the Uniform Probate Code, but often with local variations,[8] In Ohio, the law of intestate succession has been modified significantly from the common law, and has been essentially codified.[9] The state of Washington also has codified its intestacy law.[10] New York has perhaps the most complicated law of descent of distribution.[11][12] Maryland's intestacy laws specify not only the distribution, but also the order of the distribution among family members.[13] Florida's intestacy statute permits the heirs of a deceased spouse of the decedent to inherit, in the event that the decedent has no other heirs.

 

source: https://en.wikipedia.org/wiki/Intestacy

 

Wills and Probate

Life is very unpredictable and therefore, it is in the best interests of you

and your family to prepare for eventualities.

We, at Saifee Solicitors, can provide you full assistance with the following: –

 

So we can help you start preparing for the future, and make sure that your loved ones are looked after in the event of any circumstances which may arise, Please contact one of our specialist team on 0330 124 3083.

 

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what is a Powers of Attorney

A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter. The person authorizing the other to act is the principal, grantor, or donor (of the power). The one authorized to act is the agent,[1] attorney, or in some common law jurisdictions, the attorney-in-fact.

Formerly, the term "power" referred to an instrument signed under seal while a "letter" was an instrument under hand, meaning that it was simply signed by the parties, but today a power of attorney does not need to be signed under seal. Some jurisdictions require that powers of attorney be notarized or witnessed, but others will enforce a power of attorney as long as it is signed by the grantor.

source: https://en.wikipedia.org/wiki/Power_of_attorney

what is a probate

Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence [or real property] of the deceased at time of death in the absence of a legal will.

The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court decides the legal validity of a testator's (deceased person's) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator's assets in the manner specified in the testator's will. However, through the probate process, a will may be contested.[1]

 

source: https://en.wikipedia.org/wiki/Probate

what is a will

will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution. For the devolution of property not disposed of by will, see inheritance and intestacy.

Though it has at times been thought that a "will" was historically limited to real property while "testament" applies only to dispositions of personal property (thus giving rise to the popular title of the document as "Last Will and Testament"), the historical records show that the terms have been used interchangeably.[1] Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator.

source: https://en.wikipedia.org/wiki/Will_and_testament

 

 

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Hounslow:
Office 3, Duke of Cambridge House,
1-3 Kingsley Road, TW3 1PA

020 3621 4545


General – 03301243083


Email us:info@saifeesolicitors.com

Opening Hours: M-F 09:30 to 17:00
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