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Help! Estranged father...
I'm new here and come cap in hand needing some serious and helpful advise. My estranged father has recently died some 200 mikes from where I live. He has an elderly sister who lives local to him who initially stated she would be able to help organise things but has now relented as quite clearly she cannot cope. I really…
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Is it possible to break a trust?
Trying to help someone out. The deceased has left a pot of money in trust. The stipulation made in the will is that the amount is held for the named offspring of X, but X gets the benefit of the money during their lifetime. X has no need for the benefit of the money (I assume this means interest/ dividends etc) and would…
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executor fears will incapacity
I am an executor to my fathers will, he developed Alzheimer's over some years, I believe during this time my brother encouraged my father to change the will or create a trust, because my brother was aware the will favours myself to a greater extent. He is now very keen to see the will, even asking around the other family…
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DWP Recovery from Estates - Pension Credit - Is this a standard letter ??
Hi My Mum passed away in March and I am her executor. I've completed the inheritance tax and probate forms and have now received the grant of representation. However I have just received a letter from the "DWP Recovery from Estates" asking for details of her property and savings because she was claiming pension credit, and…
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Inheritance Tax allowance claim from 1978
Are the executors of a lady, widowed in 1978, able to claim any of her late husband's Inheritance Tax allowance against her estate? When the husband died his estate was some £18,000 below the then threshold of £25,000 and the whole of his estate passed to her.
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Money Moral Dilemma: Should I ask my uncle to pay his debt?
This week's MoneySaver who wants advice asks... My father died suddenly in February. He'd lent his brother-in-law (my uncle) £560 on the understanding that my uncle would repay £50 per month. My father wrote down the details of the loan, and told both my brother and me in case anything should ever happen to him. Since my…
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Spouse unhappy with bequest to my sister
Hi, Am terminally ill with cancer and have about 6 months. Busy putting affairs in order. Am married with no children. House worth £520,000 with 40k mortgage. My pensions worth £420,000. Wife has £200k pension and earns £48k per annum. I am 54 wife is 49. I have a sister who earns £6K per annum, and is single. Owns…
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When does a beneficiary have to commit to taking a property via appropriation?
One beneficiary has the option to appropriate a residential property from an estate (there are two beneficiaries in total) The solicitor is currently trying to get the beneficiary to say that they will commit to appropriating the property before the final valuation of the property (ie: the sale value after probate has been…
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Property
My brother died recently and his main property was left in a bit of a state. It will probably have to be sold "as is" without electric certificate and in need of major repairs. Top value with house in good order would be £250k. It has enough land for another house to be built and therefore of interest to developers. I am…
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Death in Service BT trustees
Could anyone clarify the legal aspects of death in service payments paid out when there is NO will? The trustees linked to BT are planning on sharing my aunties deceased husbands payout with his 3 adult children who he had previously when he was alive DID NOT want them to have any funds! The law stipulates that the first…
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Separated wife - any rights?
I was separated from my husband. We never divorced and there were no children. We remained reasonably amicable - marked each other's birthdays, etc. I have learned, in a roundabout way, that he died in April. I was shocked and saddened that I wasn't told, and that I missed the funeral. He made a will, which I believe…
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Solicitor refusing to give a copy of a will
Hi My partner's father passed away on Monday evening. He had paid for a funeral plan. He had also prepared a will, of which we have an unsigned draft copy - naming myself, my partner and her brother as trustees. The solicitor is refusing to let us have a signed copy until they have sight of the death certificate and meet…
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Moving my mums house into my name
I have been working with a solicitor to handle probate and everything that comes with it but having looked at what they have actually done Im not that happy. Basically they have slowed the process down by several weeks, taken everything to a level of best practice that was not needed and filled in a few forms. We now have…
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Deed of variation or Gift???
My father passed nearly 2 years ago, leaving estate (just money less than £5K) to my mother entirely. We took over ongoing medical negligence claim which has now completed with about £90K been left to my mother as part of the will. It was my father's and my mother's wish that the money go to me. What is the correct way to…
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Signing Oath for Executors in Scotland?
I am the executor for my mother-in-law who lived in England but I'm in Scotland. I will need to get the Oath for Executors signed and witnessed but who would carry this out in Scotland and does anyone know current costs?
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NRB Trust on death of 1st spouse
Hi I don't know if anyone can advise me. My FIL passed away in Jan 2014 and apparently had a NRB trust fund in his will. My MIL has recently updated her will and the solicitor has asked whether this has been administered. It hasn't and it seems that it was completely overlooked and assumed that all assets automatically…
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Will be held from probate
i first posted this Dec 2016 so people can check the original post if they wish , but basically my wife's dad passed away January 2016 , he left a will with an estate which mainly consisted of a Town house and a 3 acre piece of land plus small items , My wife , her two sisters and brother were all named executors in the…
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ignore
please ignore.. duplicate post
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spanish will vs english
My mother had a flat in spain which she "gave" to my uncle. Apparently there is a spanish will but the solicitor is not getting a translator so it's just sitting there. If the flat is named in the spanish will for my uncle, does that override the english will that says that all of her estate goes to me? The solicitor is…
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No will mum dies
Hi, hope you can give me some advice. My mum passed away 3 months ago. I am the only child and my dad has been living in the family house. There has been no will and my dad said things were very difficult for him to sort out. I was wondering how long these things take? Family house is worth a lot of money, I understand…
