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Assent question: ID1, ID3 or not required?
Hi, My mother passed away earlier this year and left a will naming my sister and I as joint executors. The family home has been left to my sister and I - it's the only house I've ever lived in and for the time being I will continue to live there, my sister has her own home. We received the grant of probate about a week ago…
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Discharge document renouncing a legal rights scotland
Hi, I am hoping someone can help me draft a letter to my brother who was removed from our mother's will. She did not want him to gain anything after her death due to some of the very cruel things he did to her and they hadn't spoken in more than 10 years prior to her passing. I want to honour her wishes but am bound by…
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Probate Granted - Ready to move on
My father passed away just over 12 months ago and probate was granted in December 23. I am the sole beneficiary and executor. He owned a house which is in his sole name (following the death of my mother). My husband I also own our own home, We want to move into my dads old house and sell ours - does anyone know if there…
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IHT & Probate
Dad's estate is well under the IHT threshold so I presume that I only need to put the value of his estate (flat) on the probate form. No other forms are required? Thanks
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Care home
My mum remarried 20 years ago but her husbands name was never added into the house deeds so the house is solely in my mums name . He has now had a major stroke and is unable to return home. I have had advice from the CAB and they confirmed that my mums house will not be taken into account as when it comes to care homes it…
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Probate problem
About to start the process for my father's estate - he had a Deferred payment scheme with the council for his care home fees and when he died we repaid the amount that was owed on the loan. Is there a section on the application where we can list this amount (£34000) The is left to me. Any advice please before I start the…
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Issues with partners estate after death
Hi My long term partner (not married) recently passed away and I was the only person at the time to have access to their house. While everything is being sorted out (there was no will) the relations are starting to say I shouldn't have been in the house etc. but I already had a key from the deceased for 10 odd years and…
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Probate and executors ( Scotland )
Hi my late wifes mother passed away about 4 years ago and my late wife and her sister were executors of her estate . Some background information may help . My wife and I were planning on buying out her sisters half of a house and moving to Scotland as my wife had lived in England for almost 30 years and wanted to go back…
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Help needed regarding Joint Executors
A few years back we had mirror wills drawn up by a solicitor which on first death leaves everything to surviving spouse (who would be the executor) and on the second death to our three children. Two of our children live abroad so I was concerned about the executors at that stage. I took the solicitor's advice to appoint…
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inheritance not received, executor has passed and funds have been spent
Hi all, hoping for clarity on an issue My late FIL was executor to his late mother's will, in which she left a sum to her grandchildren to be received on their 21st birthday. My FIL was to hold these monies until such time arrived for each child, however it seems he used this money for one thing or another. He has now…
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When is Probate not Probate
We have used a solicitor to apply for probate and it was granted back in March. We came to sell the property and buyers solicitor has said the extracting solicitors name is incorrect on the grant and we cannot proceed (The address etc is correct just solicitors company name). We are getting this corrected (which has taken…
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Possible Labour Changes in Inheritance Tax
Both my parents have passed in the last 10 years, my mother lastly 5 years ago. Being the sole beneficiary, with no inheritance tax due under current legislation, I have stupidly not sort probate(partly due to exhaustion of being a carer and my own cancer scare) in those 5 years. With a new budget due end of Oct 2024, and…
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Theft of assets belonging to an estate
My cousin’s father-in-law recently died in his 70s after a long illness. He had four children. Two from his first marriage, two from his second (with a 20 year age gap between siblings 2 and 3 so the two pairs aren’t super close with each other), and none from his third marriage which happened much later in life. Both of…
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Post Probate HMRC demand
Mum died in December 2023. Simple estate and probate has been done (by a probate company) and beneficiaries paid out. Now today I received a demand from HMRC for underpaid tax on her savings. They make no mention of her death and have my address incorrect. The letter is addressed to me (I assume as I was POA but that role…
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help with next steps
My mothers husband dies over three years ago. There was no Will so had to go to probate. My mother paid up front a local company to deal with the estate. He had a surviving daughter who will be entitle to half of the Estate over the £270K. The 'company' a Cilex registered person then took over 18 months to apply for…
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Implications of inheriting a property which sibling wants to live in
My mother has a bungalow and intended to leave it to myself. My brother inherited a house my grandmother left to my mother some 40 plus years ago. The property was subject to a compulsory purchase order by the council and my brother received the majority of the money, I am not sure of the exact amount but believe it may…
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Personal Chattels promised but not "officially"
In a will from 1999 there is the following clause ..... 1) "I give to my husband all my personal chattels as defined by Section 55(1 )(x) of the Administration of Estates Act 1925 for his absolute use and benefit and it is my wish (without imposing any legal obligation upon him) that he should deal with this bequest in…
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Will 28 day survivorship clause - inheritance tax
My husband and I are just about to get our wills rewritten, where we leave everything to each other and then to our son The new will (written by a solicitor) says for my husband *--* absolutely if he shall survive me by twenty-eight days but if this
residuary gift should fail for any reason then"I have just become aware…
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IHT Direct Payment Scheme - can we use shares?
My uncle died recently leaving a property worth ~£700k and a portfolio of shares worth ~£250k. His bank balance was relatively small and there are no cash savings accounts. I've seen online that the IHT Direct Payment Scheme can be used to pay IHT using shares, and the HMRC help desk agreed that was possible and suggested…
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Tenants in common and whole life trust
Can anyone help please my partner and I were tenants in common. He has passed away. His 50% share is left in whole life trust to my children. So I can reside in the house until I die. I want to downsize. can I use the 50% in trust , 25% of my share of house to buy new house . does the remainder of money come to me. Could…
