Free and Cheap Wills discussion area

cepheus

From what I can tell by reading this, the bank would need to release the estate without a grant of representation.

http://probate1.com/

If 50k is too much then I will have to apply to the local grant office for one which may be rather difficult if I need to attend as I don't live here permanently.

http://probate1.com/application_fee.html

YesWillMan

I imagine £50k is too much so Probate will be needed. You can apply for a Grant of Probate at the must convenient Office to where you live. Once received send this, or better still send a certified copy (costs an additional £1 I think), direct to the Halifax with forms for withdrawal to close the accounts. Once you receive payment from the Halifax you can then account to your brother for his share once you have paid any debts and expenses.

To pay for the Funeral you can ask the Halifax to pay this before Probate is obtained by sending them the bill. They just ask you to sign a form.

londonsurrey

I have a question. I have a will that has been written by an acquaintance who is a solicitor. All I have to do is sign it and get it witnessed.

When I get the two witnesses to sign it, do I get their addresses on it too? Because how else do they track down the witnesses if necessary? I know that my mother, who is not a beneficiary, will do everything in her power to get the will overturned.

Savvy_Sue

cepheus wrote: »

Yes finishing of all the bills and giving notice is a little tricky, I am actually using the council bungalow as a base to sort things out since I live a long way away. The house will be used as the start of point for the funeral, probably late next week, so I don't wish to be kicked out immediately. In addition my Brother wants an opportunity to sell furniture & remove private appliances such as washing m/c which may take up to a month.

OK, I've just found this page on my local council's website, might be worth you finding the equivalent for your local council.

Your brother realises that any money made from the sale of the furniture and the value of the appliances belongs to the estate, doesn't he? Then you divvy it up - but it's the estate's money. If he incurs expenses, eg paid advertising, then that's paid for by the estate too.

cepheus wrote: »

Still to contact the others.

Utility bills aren't usually too difficult to deal with, just make sure you take readings on your final visit. Phone companies can be a PITA, so here's hoping!

cepheus wrote: »

Undertakers are happy to wait for payment until probate and Brother agreed to pay half of that afterwards.

Again, no need for that: it is your mum's estate which pays, BEFORE you divvy the money up with your brother. Or you can get the bill sent to Halifax, as described.

You may find it simpler - even with a small and simple estate - to open an 'Executor's Account', where all the money goes and from which you pay all the bills (including reimbursing your reasonable expenses if you end up going back and forth a few times). I'd definitely recommend this if you don't have a 'spare' current account which you don't really use for anything else, just to keep everything separate.

cepheus wrote: »

I will have to find more about the probate office fees and letters to creditors.

Probate are lovely, very helpful people, and you can use the office nearest your home - actually it could be worth checking which convenient office has the shortest waiting times.

I also found that I could go into my local bank branches to do the necessary, rather than having to do everything where Dad held the accounts.

John_Pierpoint

londonsurrey wrote: »

I have a question. I have a will that has been written by an acquaintance who is a solicitor. All I have to do is sign it and get it witnessed.

When I get the two witnesses to sign it, do I get their addresses on it too? Because how else do they track down the witnesses if necessary? I know that my mother, who is not a beneficiary, will do everything in her power to get the will overturned.

Choose witnesses (& their spouses) who will not stand to benefit from the will.

Attestation clause:
Signed by the testator in our presence and attested by us in his/her presence and in the presence of each other.


The name addresses and occupations of the witnesses are not essential but nice to have and can be hand written in capitals under each signature.

Make sure there is a date at the start or end of the will.

Number the pages if more than one and have the testator and the two witnesses sign immediately under the text on each page.

If you have blank areas or pages on the back, "Z" through them and get the testator & witnesses to initial each end of the "Z".

Do not have a will with pin holes or paper clip marks.

If someone is dependent on you, they have six months to challenge the will and claim some of the proceeds.

If you want to cut someone out, it can be better to leave a nominal sum to them (say £100) so they cannot claim they were simply forgotten.

londonsurrey

John_Pierpoint wrote: »

Choose witnesses (& their spouses) who will not stand to benefit from the will.

Attestation clause:
Signed by the testator in our presence and attested by us in his/her presence and in the presence of each other.


The name addresses and occupations of the witnesses are not essential but nice to have and can be hand written in capitals under each signature.

Make sure there is a date at the start or end of the will.

Number the pages if more than one and have the testator and the two witnesses sign immediately under the text on each page.

If you have blank areas or pages on the back, "Z" through them and get the testator & witnesses to initial each end of the "Z".

Do not have a will with pin holes or paper clip marks.

If someone is dependent on you, they have six months to challenge the will and claim some of the proceeds.

If you want to cut someone out, it can be better to leave a nominal sum to them (say £100) so they cannot claim they were simply forgotten.

Thank you very much, I really appreciate it.

I have already taken my mother to Family Court, as she was harassing me, and although I didn't win it, she gave an undertaking to not contact me again, and I was invited to go back if she did start up again. I was advised (correctly or no, I don't know) that this would be sufficient to show that I was in deadly earnest about formally removing her from my life, and would help establish that she had no claim on my estate?

cepheus

Halifax bank advised that I should use the Reading probate office near were I normally live rather than the Preston one up here since it may take a few weeks to sort this out and I will be back down South by then. I am assuming my Brother won't need to travel down who is only a beneficiary.

Halifax confirmed that I need to apply for a grant of representation for probate above £25k.

John_Pierpoint

londonsurrey wrote: »

Thank you very much, I really appreciate it.

I have already taken my mother to Family Court, as she was harassing me, and although I didn't win it, she gave an undertaking to not contact me again, and I was invited to go back if she did start up again. I was advised (correctly or no, I don't know) that this would be sufficient to show that I was in deadly earnest about formally removing her from my life, and would help establish that she had no claim on my estate?

Sounds like you will need a thick skinned executor
Is there a reason why you might expect to re-decease your mother?
I think death is a time to be magnanimous and try to avoid an emotional situation entering into your will.
However interesting the details might be to your associates and future genealogists.

Now let me think, why did the Bard leave his wife his second best bed?

londonsurrey

John_Pierpoint wrote: »

Sounds like you will need a thick skinned executor
Is there a reason why you might expect to re-decease your mother?
I think death is a time to be magnanimous and try to avoid an emotional situation entering into your will.
However interesting the details might be to your associates and future genealogists.

Now let me think, why did the Bard leave his wife his second best bed?

Lol @ the Bard

I have become very aware of the need for a will as I was widowed suddenly and violently at the age of 38. The first thing my mother did was to douse my house with holy water, telling me that unless I let her "help" me sell my house (she named a figure that was 60% the market rate) I would be the next to die.

Bear in mind that I'd been financially independent for nearly 20 years, and she never saw any need to "help" me save for or buy the house.

I have cats, which I regard as my dependents, and she would have them put down. I want the money to go to a local charity that will take care of them, and should they predecease me, to Medicins Sans Frontiers.

As for the rest of the background, there is exposing me to sexual predators, harassment, etc. Look up "daughters of narcissistic mothers" for a general view, and this thread for more specific examples:
https://forums.moneysavingexpert.com/discussion/3574175

She's already had thousands of pounds from me when I was in my 20s and declared it not good enough. Bear in mind that she's a trained solicitor capable of earning her money, not a career housewife. The forgiving and magnanimous bits have been tried for decades, resulting in only frustration and heartbreak on my part.

cepheus

I think I need to send Probate application form PA1 and Inheritance Tax form IHT405. The latter seems to be about property even if the deceased didn't have any!