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Trust Deed versus will - which has precedence?
An unmarried couple (one with dependent children, one with adult offspring) puchase a property together. They are careful to think through issues of inheritance etc and puchase the property as "tenants in common", drawing up a trust deed setting out rights & obligations, and mirror wills reflecting their wishes to both…
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Sorry if a stupid question
I hope I am posting this in the right place. I am dealing with my mothers estate so think here is ok? If someone has been receiving a pension from a private plan/pension does that mean they are no longer 'contributing' to the scheme? My mothers Private pension had a section that says:Benefits payable should you die whilst…
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Probate timescales & expectations?
Hi all, I lost my mum less than 2 months ago, I gathered together all paperwork and paid a small fortune for death certificates for solicitors who were named as executors in mums will. The paperwork has been with the solicitors for 8 weeks. During this time they have promised me a breakdown of charges/costs I should expect…
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Can adopted child benefit from an estate?
A friend of mine was adopted at a very young age by her mother's new husband. Her natural father died without a will. Could my friend be a beneficiary of his estate even though she was adopted. Would appreciate any advice.
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IHT advice about gifted money. Who pays?
My Mum passed away on 30th September 2012. She gave me a cash gift of £60K on 7th December 2009 expecting herself to survive for 7 years. Unfortunately this was not the case. As I understand it - according to the HMRC rules - I am allowed an allowance of £3K per year cash gifts which is exempt from tax. If the gift giver…
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Lasting power of attorney
Has anyone successfully obtained this legal power on their own just by filling in the forms on the Justice website? My brother in law failed having paid the £130 fee and had to re-apply, paying another fee. I have just found a website offering to complete the forms over the phone and charging £59; anyone any experience of…
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Unable to open joint Executors account due to other Executor having poor credit
My father has recently died and I have been made joint executor of his estate with my brother. Before my father died he took out a loan, he also had an interest only mortgage with approx 7k outstanding. Also after paying for the funeral there is approx 2k left in his bank account. We have obtained probate and now want to…
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Will contesting advice please
Is it possible for an only daughter to contest a will in the case where her (divorced) Father has left her all his (fairly modest) possessions, but in the form of an ill-thought-out and messy Trust, administered by his elderly brothers, who had no prior knowledge of what was expected of them and no idea of how do run it…
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Sorting utilities out when the deceased's partner living in the house
My mum died this morning. She had a live in partner of a couple of years, nothing official and he keeps a flat of his own which he went back to every now and then. Sis and I can't find a will (and don't think there is one...). We are happy for live in partner to stay in the house for a short time while he deals with mum's…
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Advice needed
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what can i do now
Hi After my mother died last year my youngest sister took over the administration of our mothers estate, against my eldest sisters wishes she sold off everything of value at her local auction house,we managed to buy some things on line but some lots where sold that were not on the internet, and what could not be sold was…
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Potential complications re Grandmothers house...?
Hello Can anyone help please? Brief background - I paid my Grans mortgage off for her in 2009. She retained full control of the property, everything was kept in her name and it was paid-off genuinely as a gesture of how much I loved my Gran. She had a LONG battle with cancer and paying her mortgage off was something I…
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funeral deposit
Sorry if this is in the wrong place. My MIL recently died and we are struggling to get the deposit for the funeral and Barclays are refusing to release funds. I thought they had to pay funeral expenses before deducting debts. can anyone offer advice. Thanks
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executor and solicitors role
hi......my father died over 4 years ago and i was the sole executor to his modest,simple will.My dads solicitor was used to deal with it and he took 18 months to sort things and his costs were astronomical.I put it all down to experience until recently....i discovered my dads partner and her family were having lengthy…
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What is included in probate?
Have called in most valuations of dad's assets now (not many, 2 life insurance policies, tax refund & car, really) and so this should be straightforward, but: his bank account was a joint one with mum, which is now solely in her name. When we cancel policies (ie car insurance, subcriptions etc) and we get a refund, it'll…
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Where can i get the information i need?
I'm going to try and keep this short. Partners mum left 10 years ago. No divorce. Partner lived with dad. Dad passed away last year. No will left as unexpected. Mum taking home from partner. Mum is now selling dads house - don't know who owns house technically - understand can get info from land registry for £3. The other…
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Dead lost with procedure.
My great aunt recently died age 98 in a nursing home. I have no idea what finances she is leaving, I'm assuming £23,000. Her husband died a few years before. I've been listed with hospital as next of kin for their records (I realise this is only for a point of contact). She has a ~80 year old step-son who is currently out…
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Probate - Estate Valuations - is RICS necessary?
Hi all, Quick question. Going through the motions with probate including a property valuation. I've got a handful of local estate agents carrying out a valuation. One of them mentioned that a solicitor would want a RICS report. Now every chartered surveyor i've spoken to wants £300-400 for a valuation (despite many on here…
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Memorial Headstones - help, where do I start?
Hello all, I'm trying to organise a memorial headstone for my father's grave. I've figured its probably cheaper to skip the funeral director and deal directly with a stone mason. However there are so many things to consider e.g. type of stone, lettering, style etc. I have no idea where to start and even though I want…
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selling home
Hi, My dad passed away last week and I'm just trying to get my head around all the financial stuff. I have a query regarding selling his home and what will happen. He still has a mortgage on this for £43k. Nobody is taking the house on. Will the bank force us to go to auction to get their money. Thanks