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Intestate death and complications for common-law wife and tenancy.
Hi, i would very much appreciate any comments and suggestions on the following; i am working with someone ( as a mental health professional) whose partner has recently passed away. They were never married but were together for over 30 years and changed their married name by deed poll about 30 years ago. The partner became…
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Discretionary Will Trust
In the newsletter of 9/1/24 Martin says that if you have a DWT then children or grandchildren can't benefit from the extra £175k inheritance tax relief. Is that correct? Others give different advice in that if a property is sold within 2 years it does apply. Anyone know the definitive?
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Probate and homelessness
Hello, I am dealing with my homeless brothers estate, he had some inheritance 2 years ago but unfit died before he could claim, he was homeless for 20 years and probate are asking for his address and won’t accept mine as a c/o address, help?
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Understanding Last Will & Testament sections
Hi, while I understand most of my Mother-in-Law's will there are some aspects that I cannot get my head around. I would really appreciate if someone could comment on the following sections please as to their meaning in easier language? Much appreciated TIA. 5. I GIVE all my real and personal property whatsoever and…
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How long should I have to wait to receive my inheritance?
Hi. Looking for some advice as this has gone on for far too long. How long should I have to wait to receive my inheritance? Briefly, probate was granted 2018. The executor had to sell some shares in a private company. They have still not been sold. Executor would not accept what private company was offering for them. I'm…
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Should they still have a will?
Hello I hope I have put this in the right place, my father and mother in law have no Will they are not married and have no joint account but I am helping them set one up this week. my question is if they have no assets just a little savings do they need a Will as if they have a joint account I am at the understanding that…
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Solicitor holding beneficiaries' money
I am an executor of someone’s will. Their estate was dealt
with by the County Council legal team, nothing complicated as they were in a care
home for some years. The solicitor
dealing with the probate etc. received the full amount of money from the estate – from the
county - at the end of October but in spite of a duty to…
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Inheritance Tax and Nil Rate Band Discretionary Trusts
Hi, I was hoping that someone in this forum might be able to
help me with a question that I have relating to Inheritance Tax and Nil Rate
Band Discretionary Trusts. My Mother died in November 2023 and in her will has passed
everything to my brother and I. We are hoping to take advantage of my fathers unused nil
rate band…
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Using a solicitor
Hi all We have decided to use solicitors to obtain the initial grant of probate. There are 2 executors involved. There is a will and no inheritance tax to pay. My question is do we need to tell the solicitors dealing with the grant of probate who will administer the estate once grant of probate obtained? Ie can we decide…
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Will Trust Registration Query
I've just registered the will trust of my late mother who died in October 2021 but I'm not sure if I've made a mistake somewhere as it didn't ask for any details of the actual house address or price. There is no tax to pay as step dad currently lives there rent free until he dies or remarries under the will trust. Am I…
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Inheritance Question
I have a will that leaves my estate in equal shares to my two adult daughters as named beneficaries. No substitute beneficaries are named in my will. One daughter has two small children the other has no children. In the event of my death and where the daughter with two children dies very shortly after and does not inherit…
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Is this will valid
Will try to be brief as possible. - Main beneficiary had been absent from testatrix's life for 40 years. Returned a few months after death of testatrix's husband and first ever will written a year later (2019). - Will drafter referred to testatrix by main beneficiary - Will drafter and main beneficiary have been close…
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Valuing Estate Question
My Father died a few months ago and he owned about 33% of shares in a Private Limited Company that he was a partner at. He was employed by the company and paid via PAYE. We need to apply for probate and complete the IHT400 form. However the process in which we put a value of the shares is open to debate, since there is no…
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Are premium bonds automatically paid to spouse after death?
As we have decided now is the time to get our finances in order, one question that occurred was....as I have premium bonds in my name (as we can't have a joint one) if I suddenly died would these bonds automatically go to my wife as part of my estate or would I have to update my will (which states that she's entitled to…
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Probate forms - transferable residential nil rate band and / or transferable nil rate band
Hello - perhaps a rather daft question, but here we are anyway... I will soon be applying for probate in respect of my late mother and completing the various forms. My mother's estate will be in the order of £400,000. She has her own IHT nil rate allowance of £325,000. My mother sold her house to go into care a couple of…
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Probate office requiring Will witness details - why?
I've been reading through the boards and have noticed that a few people have had their applications for Probate delayed due to the Probate office requesting details of the witnesses who signed the Will. Is this just a random check that they do, or are there specific reasons why this might be needed, eg because it is a…
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Legal aid charge on house
Hi All I have been with my partner for 20 odd years now, i moved into her family home 20 odd years ago and paid my share of the mortgage since then. I have been the main earner. She got the home from her ex husband in the divorce before i met her, we checked the land registry and it only lists her as an owner. As we are…
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Executors responsibilities - probate
Please can members help me with a timeline and an idea of the legal responsibilities of the executors while we are waiting for probate (it has been applied for by a probate service, however, they will not be involved once probate granted). There are executors who are also beneficiaries. How much transparency must there be…
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Tenants in common clarification please
My wife and I have at last got round to updating our wills and want to ensure our 2 children get the maximum benefit. We currently have mirror wills, joint tenants which I think, if we also leave the house to them gives them an inheritance tax threshold jointly of £1M. The solicitor has suggested we consider changing to…
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Grant of Probate
Good afternoon I’m after some advice please. My Father sadly passed away last year unexpectedly. Myself and my mum have been to his solicitor and have been advised that half of the house is now in my mums name and the other held in trust. They advised we need to apply for Grant of Probate, then once that is complete we…