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Access to money during probate
It seems likely that obtaining probate following death will take some time (perhaps 12 to 18 months?) during which time school fees still have to be paid.I realise that during this period bank accounts, etc, are frozen which means that bills like electricity and water are 'held over'.Does anyone have any bright (and…
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Deed of Variation
My wife is an executor and beneficiary with her brother under her late mothers will. She wishes to vary her portion of the property value to our daughter, does her brother have to sign the DOV, I don't think he does. The will is simple 50/50 and below the IHT limit
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putting one's home into a trust for one's children
A friend of mine has recently lost her father-in-law. One of the 3 children who will inherit is desperate for the property to be sold. Another of the three children spent many years living at home, caring for the father and has no skills and no job and will be made homeless when this property is sold. The children have…
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1 or 2 Probate & IHT applications?
We sadly lost our aunt and uncle within 3 days of each other, a couple of months ago. They had mirrored wills which are straightforward and their estates qualify for IHT, singularly and jointly. As executors, we are trying to get advice if we need to submit 1 or 2x probate & IHT applications for them, on the assumption…
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IHT409 - Can I send later?
Hi Folks, Currently dealing with an estate with an employers pension, so I need to submit IHT409. The issue is, I am at the behest of the pension provider, who have been in touch, but are not exactly fast. Two key questions: - Presumably IHT409 is well known to them. Can I expect documentation to be sent that would give me…
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Division of residue when one beneficiary owes money to the estate.
There are two residual beneficiaries but one owed money to the estate that I have included in the value as an asset. Taking the total value I want to offset the beneficiaries debt against their distribution that is equal shares. I don't think it is just a case of deducting the loan from the beneficiaries share. Please…
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Is this legal
Hi I have started a thread about this but it was a while ago and not had any further correspondence and really need some advice. To put it in a nutshell, my ex partners last remaining parent died around 18 months ago with no will being left. There are 3 brothers in total with brother A still living at the family home and…
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Confirmation In Scotland - Time Limit?
My dad sadly passed away recently, unfortunately without a will in place. He's survived by my mum, myself and my sister. We're in Scotland. I've been ploughing through everything I can find online and as far as I can gather there's no time limit to complete confirmation. Given our situation, it has me wondering whether…
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Wills
I have a will in place which was lodged with solicitors that have now been dissolved with no way to contact them - is there a way to locate the will or do I need to re-write my will - any advice would be appreciated. Thank you.
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A really simple will. What do I do?
My father's will literally says that anything he has is to be distributed between his 2 children in equal shares. I am executor. There is property and unknown bank accounts at this moment. Do I just sell everything and divide it up minus expenses? Feels a bit too simple
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C1 form intestate
Hi, I'm filling out form C1 (2022) as my mum died without a will. But I've learned I need to provide a bond of caution with the application. I'm also reading only solicitors can assist with this, which is something I wanted to avoid. I also hear Zurich allow without a solicitor but I'm having problems getting in touch with…
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What does this mean? - Predeceased child of testator
My Mother-in-Law died in 2022 and the wording of part of her will includes the following "to hold the residue thereof (hereinafter called "my Residuary Estate") UPON TRUST for such of my son E and my daughter V as shall survive me and if more than one in equal shares absolutely PROVIDED THAT if any child of mine dies…
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Son/daughter names were added to house deeds - do we need probate?
Mum added myself and my sister to the house deeds (via Land Registry) around 10 years ago. Mum passed a few weeks ago so we are sorting out al the paperwork etc. As we are named co-owners (I assume that's what it means?) do we still need to have probate completed if we wanted to sell the house (it was bequeathed to us)?
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Family trust confusion! What should we do now?
Ten years ago my partner and I wrote our wills. At the time we had two properties, mine which we lived in, and partner’s, which we were renovating to rent or sell. We aren’t very financially savvy and unfortunately were persuaded by the will-writer that we really needed to set up Family Trusts to protect our assets, one…
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My Partner Inherited a Home/Solicitor is Executor What are Their Duties?
My partner is a UK citizen but lives in the US. He flew back when his mum fell ill. She died in January. He stayed there for a month and took care of all of her belongings, cleaned and painted and repaired the house to get it ready to sell. A solicitor is the executor of the will. He met with her several times. She had him…
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Unusual Probate Scenario & Estate Advice
I write with the hope that someone out there might be able to help nudging me in the right direction. A few weeks ago, I had a Policeman knock on the door to notify me that my Uncle had been found dead in a hotel in France. I was very surprised as it was completely unexpected. I was more surprised as both my father and his…
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Unacceptable Probate delays - not fit for purpose
I just thought that I would share my experience of obtaining probate and see if anyone else on the forum has had similar issue's. My brother passed away in December 2023 and as a named executor on his will, I applied for probate online in January 2024. I received a confirmation e-mail of my application and on my account it…
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Funeral
If choosing a direct funeral,i understand youre unable to have anyone present in the crematorium but are you allowed a small number in the grounds for a few words?
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Any advice please on how to tackle the council from taking most of my inheritance.
A year ago a genealogy company contacted me. My father had died 3 years earlier and his council had been dealing with his finances whilst he was in a care home.( My father walked out on Mum and me many years ago and there was no contact) When I contacted them they offered me no information or help. I managed to get them to…
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Capital gains tax when selling house as part of estate
Hi there. I'm the executor for a relative who passed away last year. I've recently sold their house as part of the administration of the estate, and there is capital gains tax to pay on the sale. When deducting legal costs and estate agent's costs from the capital gain, does anyone know whether I can also deduct the VAT…
