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Grant of Probate and Release of bank funds
I opened Executor Accounts at Lloyds Bank shortly after my mother's death. The account, with balances, was blocked pending receipt of the grant of probate. To my surprise, HMRC handled the IHT within 3 Weeks and Probate took only 2 Weeks. I contacted Lloyds Bank and instantly forwarded them the Grant of probate. I was told…
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Selling House under LPoA. FiL died
Hi, very sadly my FiL recently died. I am part way through the process of selling his house as I had the LPoA for Property and Finance (as did my wife). As he has died I understand that the LPoA is no longer valid and I have informed the OPG. The house sale is at draft contract stage. Can I allow the sale to continue or…
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Adding trustees to house deed
IPDI trust, should mum add our names as trustees to the house deed? I believe our names will be added to the house deed with hers and on her death probate will not be required. Just complete form DJP to remove her name. Just thinking ahead whether to do it now or leave it as it is until she pass away and the trust ends.…
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CGT liability question
Estate valued at less than £50k, but probate because there is a small plot of land involved which is to be passed to a beneficiary under the will. The land was bought many years ago for £20k and valued for probate at £40k. Are there any potential CGT concerns for beneficiary or executor (if the beneficiary declines the…
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Speacilist team
Our probate is being delayed because of the witness statements not signed at bedside during my aunt’s palliative care we couldn’t get a solicitor because of covid rules and the hospital staff declined being witness witnesses after earlier agreed to witness.
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Probate referred to a specialist team
Hi all, At week 16 of probate application and received an email that says: Please note that your case has been referred to a specialist
team. There is nothing for you at this stage. The specialist team will be in
contact with you if anything further is required. I know this isn't good news and will extend the process even…
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Can I apply to have an executor removed without using a solicitor?
My brother is an executor alongside myself and my sibling. The three of us are also equal beneficiaries. He Is refusing to engage with us around the administration of the estate. Sorting out belongings, emptying the house and looking at paperwork. My sibling and I have limited funds so we’re wondering if it is possible to…
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Wills advice
Im currently helping my mum and dad write their wills. My fil was a solicitor before he retired 20 yrs ago and has been helping me. The way mum and dad wanted to do there wills was as following. mum leaving certain jewellery to each of us as is dad. mum wants to leave a lump sum of 25k to my half sister, which my dad has…
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Forced to Sell or Inject Cash?
I wonder if someone could share their thoughts on how this should be realised. Figures are examples but here goes... Will of last surviving parent states that £50k to go to each grandchild and the residue split between son and daughter equally. The son and daughter are the executors. For the sake of argument the estate…
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Complicated will
Hi all, My father passed away recently leaving a will. However, I am now trying to sort out probate and the will was not updated. In the will two named properties were left to his wife. However, since that will was made he had sold the properties and moved into one property, owning it solely. The provision in the will was…
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Is probate needed.
Helping out my ex partner whos last parent died last December. There was three surviving sons with one son who was still living at home with his dad. When their father died he left no will and my ex partner although he was the eldest child decided to let the brother living at home to sort everyting out. There have been…
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Original Will and Other Questions
I understand that when applying for probate the Probate Office requires the original will. If the process takes 9 months (NOT unheard of) does the Probate Office retain the original will for the duration? Have they been known to loose the original, NOT return them etc? If it's just husband and wife, no children with only…
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Changing probate application
Hi, currently applying for probate online and I seem to have got myself in a bit of a pickle. Myself and the other executor, my sister, have got as far as signing the declaration but haven't yet paid or submitted it. We have realised that we should have submitted a IHT400 and haven't. We answered "No" we haven't submitted…
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Estate tax and foreign tax credit relief
Might someone know the procedure for an executor claiming FTCR for foreign dividends on a deceased UK estate, and how it relates to R185 and SA107? This must be a common scenario, but the only guidance I found so far was a cryptic paragraph at TSEM7453 (see below). The estate received foreign dividends from multiple…
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Help with IHT 400 - jointly owned assets IHT 404/405
Hello good people, My head is about to burst. I am filling IHT400 and have almost got it done, but I have a question about jointly owned assets. Looking at it, as I own half of my Dad's house (made over to me when my Mum died), it seems if I fill in IHT 404 it says details of jointly owned assets, and if it is the…
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UHT query
If I sell my house worth about 350k and put the money into savings and rent, and leave my whole estate to my children, will on my death my Estate still be able to claim the extra 175k allowance ie 500k in total. (even though at death I don't own a house). Thank.you
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Distribution of Funds by Solicitor
I am seeking advice from those who will know better than me on what is a reasonable time for a Solicitor to hold funds before making interim payment to beneficiaries. In this case the Estate is very straight forward with no complications; * there is no property sale involved * there are no missing beneficiaries to trace *…
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Probate
Can anyone please advise if they know how long probate is taking at the moment. Simple case, wife left everything to husband. Probate needed to sell substantial shares. Applied online Thankyou
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Changing my will
I am considering changing my will but have no idea how to go about it and how much it would cost. Things have changed a lot since it was made and I'm now mostly bedridden so I have no idea how to go about this. Id need to do this without my partner knowing. Any advice gratefully received.
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What powers do trustees have?
Me and my partner have wills. Our home is mortgage free and we are tenants in common with the land registry. Both wills are identical and have 2 beneficiaries.....my son and my partners son. Trustees are my partners son and her sister. On the death of either of us I believe their estate (50% of what we have including…
