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Scottish Law Prior Rights etc
Hello hopefully in the correct section and there is a Scottish expert for this scenario I will outline the scenario and my understanding of the law. First the not too complicated part (I believe) Mrs X died without leaving a will Mrs X is survived by Mr X (20 years separated but not divorced) and 3 Children. Mrs X owns…
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funerael cost
Dear All, My partners son died three months ago, as mothers do she chose to organise his funereal and pay for it although finding the cost was a strain along with her other emotions. Is there any help for funereal expenses from local authorities or government bodies? He died with no will no money and his offspring haven't…
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No Will
My mother in law passed away in July without leaving a will. She was joint owner of a property with her husband who survives her. I understand that the property automatically passes to my father in law. The value of the property is under £250.000. There is no other money or debts involved. Is there anything we need to be…
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Bereavement allowance - living abroad (Ireland) - any help available after?
Hi, My mother is receiving bereavement allowance, but from what I understand this is only available for 52 weeks after a bereavement. She will be 61 years old once this finishes (early next year), but has been living abroad in Republic of Ireland for the last few years. She was born in Ireland, but moved to England when…
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Is this will now defunct?
Hello, Fairly new to this site, but hoping for some advice. I'll try to keep this brief, so please excuse the bullet points. Friend's mum died suddenly and unexpectedly. Her will states that her estate be split equally between 2 surviving sons & 1 eldest grandson. Friend's dad has dementia; he was not named in the will…
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Investment for children
I need advice please! My children have inherited just under 40k each. They are 13 and the clause in the will states they cannot access this money until they are 25. They know nothing about it, and i want it to stay that way fir as long as possible. I want to give them the best deal obviously, but I am struggling to know…
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Death benefit
Have received a cheque from CWU for death benefit following cousin's death. Is a death benefit just added to the other assets and Inheritance Tax paid on it as estate is over £325,000. Or is it exempt from Inheritance Tax? Thanks.
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Will Cost
Hi all Contacted a local STEP solicitor to get a pair of mirror wills written and am a little shocked at the cost, do you think this is reasonable or a bit on the pricey side? Need pair of mirror wills for wife and I, kids are only 3 &5 We own 3 rental properties 50/50 with my brother, plus our home owned by just us. Plan…
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Joint Mortgage who is Liable if Tenants in Common?
Hi all Administering my late mum's estate as executrix, she owned two properties with ex spouse which were supposed to be sold under a court order for sale issued in 2013, however ex sat on them for years, living in one and renting out the other, and was generally non-communicative in last year of her life. Fast forward to…
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Property in intestancy?
Hi all Just pondering the intestacy rules where there is a spouse and children. £250k goes to spouse, remainder goes half to children and spouse has absolute interest in other half, passing to children on their death. Right? Hypothetical situation. Someone has children from previous marriage, but has since remarried. Their…
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Sale of house in probate to family
Hi all, Sorry if this question has been answered elsewhere. I did a search, but unfortunately "family", "private", "selling house" and "probate" are quite common terms on this forum!! ;) My mother died a few weeks ago and left her estate to me, my brother and sister in equal thirds. We all get along extremely well and I…
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Gifting Exemptions
Hi folks I'm completing the inheritance tax forms for my late mum's estate and was wondering if money paid to maintain her children who were full time students (over 18) can be excluded completely from the schedule 403, or do they need to be listed with an exemption against them (family maintenance) My sister and brother…
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Any advice on how to help my 8yo deal with grandad's death?
My dad died last week, peacefully (needed a post mortem though), and we are now preparing for the funeral. Does anyone have any ideas/pointers/suggestions for how to help my 8yo dd cope with his death? Especially at the funeral. At home, she is now not particularly upset, as we do not talk about it in front of her. But at…
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Queston about bank account closed
I have a question about a family member who had a power of attorney on a relative who has now died, we believe that a bank account was closed PRIOR to the death of the relative, how can we find this out? the relative died more than a year ago and we have discovered since the relative died intestate and we obtained probate…
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Tax treatment of Clin Neg damages
Hi - does anyone know what the position is regarding IHT on damages claimed by an estate (ie NOT an individual) under: 1. Law Reform (Miscellaneous Provisions Act) 1934 2. Fatal Accidents Act 3. Human Rights Rights Act 1998? HMRC say it depends on the circumstances and whether the person knew before they died (they didn't)…
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Property for sale after FIL's passing?
We now have Grant of Probate and there is a property for sale as part of the estate. Could someone please tell me if we now need to complete any Land Registry forms before the sale to transfer the title into the names of the Executors? If so, could you please tell me which one and whether there re any fees associated with…
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Question on how probate solicitors hold money
A solicitor is being used as an Executor/Administration of an estate I am a beneficiary of. The Terms of Engagement state that the firm are not liable should the bank where they have chosen to hold estate funds fail. So if they decide to hold more than £75k in a bank account and that bank fails, the beneficiaries have no…
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Probate forms
I'm just about to start filling out the forms for letters of administration and payment of Inheritance Tax. As I haven't got a clue what I'm doing I'm just thinking if I mess up really badly and make a lot of mistakes on the forms where could I get additional forms from? I don't have a printer so can't download any that…
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Estate income tax query
I wondered if someone could help me with this question: Does an estate of a deceased person have a 'personal' tax allowance - ie the £11k that is an individual's personal allowance? How is income - ie from investments etc taxed during the Administration period? Thanks
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Wills and complex property situation
Am trying to work out what (if indeed anything) to do regarding writing a will and would very much appreciate others' practical thoughts, as my situation is far from simple. Single, no children, with a short while before these questions becomes academic. A number of rental properties in the UK, most mortgaged (interest…
