probate still needed although will was made

zaksmum

Why does a deceased person's estate still have to go to probate even though a will has been made?

I'm looking at the Will Aid promotion this month whereby you can have a will drawn up free of charge by a solicitor in your area but you are "expected" to donate £75 for this service.

My uncle died recently and was meticulous about making his will...but still everything has to go to probate. This is causing huge distress for my auntie who says ALL estates have to go through probate if they involve sums over about £5000 (including your house).

I've since been told this is correct. So what's the point of having a will at all?

And if you do, would a "Last Will And Testament" DIY form from the Post Office suffice? My own affairs are simple. If I go first, my husband gets everything, and vice versa. If we go together, our two kids get it all equally divided between them.

So need I bother with a will at all if everything has to go to probate anyway?

Biggles

zaksmum wrote: »

Why does a deceased person's estate still have to go to probate even though a will has been made?

The whole point of probate is to ensure that the right person is given the authority to deal with the affairs of the deceased.

Without that, you could find anyone turning up at the bank to empty the bank account just by waving the will and death certificate.

So need I bother with a will at all if everything has to go to probate anyway?

So that your property is divided up the way you want it, instead of the way the law says it would be divided (and, in the latter case, possibly all going to the national coffers!).

lisaspice

Hi,
My mum recently died & I am trying to sort everything out. The banks & building society are asking for the probate. I went to see a solicitor (the banks said I could do it myself) & the fees are extortionate at £230 per hour plus 1% of the estate!!!!!!
I would like to have a go & sort it out myself but don't know where to start. There is a will and it all goes to my stepdad, who I have a good relationship with & we have been looking after each other. Any advice please?
Thanks, Lisa

morag1202

lisaspice wrote: »

Hi,
My mum recently died & I am trying to sort everything out. The banks & building society are asking for the probate. I went to see a solicitor (the banks said I could do it myself) & the fees are extortionate at £230 per hour plus 1% of the estate!!!!!!
I would like to have a go & sort it out myself but don't know where to start. There is a will and it all goes to my stepdad, who I have a good relationship with & we have been looking after each other. Any advice please?
Thanks, Lisa

I am in the process of probating a will at the moment. Only the executor(s) named in the will can apply for probate and all the info, forms and guides can be downloaded. I am finding it reasonably straightforeward, but I have done it before. Here are the links I used. HTH, good luck and sorry abt your mum.

http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/index.htm

http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029716

morag1202

zaksmum wrote: »

Why does a deceased person's estate still have to go to probate even though a will has been made?

I'm looking at the Will Aid promotion this month whereby you can have a will drawn up free of charge by a solicitor in your area but you are "expected" to donate £75 for this service.

My uncle died recently and was meticulous about making his will...but still everything has to go to probate. This is causing huge distress for my auntie who says ALL estates have to go through probate if they involve sums over about £5000 (including your house).

I've since been told this is correct. So what's the point of having a will at all?

And if you do, would a "Last Will And Testament" DIY form from the Post Office suffice? My own affairs are simple. If I go first, my husband gets everything, and vice versa. If we go together, our two kids get it all equally divided between them.

So need I bother with a will at all if everything has to go to probate anyway?

I suggest you have a read here - which explains things far better than I can

http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029800
http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029799

dzug1

zaksmum wrote: »

Why does a deceased person's estate still have to go to probate even though a will has been made?

?

Probate is the process of validating the will and ensuring that the person intending to execute the will (ie carry out its provisions) is entitled to do so. If you haven't done this very few organisations will pay out to you and those that do may charge an insurance fee in case you are on the fiddle.

If you haven't made one then the state decides who gets what. That takes longer than going for probate.

SailorSam

Completing the probate is simple.
A phone call to the Courts if you have a query and they guide you through
any problems. When the executors go to swear an oath is very informal.

Biggles

lisaspice wrote: »

My mum recently died & I am trying to sort everything out. The banks & building society are asking for the probate. I went to see a solicitor (the banks said I could do it myself) & the fees are extortionate at £230 per hour plus 1% of the estate!!!!!!
I would like to have a go & sort it out myself but don't know where to start. There is a will and it all goes to my stepdad, who I have a good relationship with & we have been looking after each other. Any advice please?

I think the % of the estate only applies if the solicitor is the executor and that they were only paid on a hourly rate if the executor employed them to carry out probate. However, they are a very expensive (and, usually, very slow) option.

It should be relatively easy to do it yourself, I have done as have other posters on here. All the forms and information can be found on the Probate Service web pages http://www.hmcourts-service.gov.uk/infoabout/civil/probate/index.htm and you will find them very helpful (and free!) if you get stuck.

If you find it's too complex, try Googling 'Probate broker' for a cheaper, but still expert, option.

zaksmum

So would a DIY will form from the Post Office, correctly witnessed and filled out do the job?

SailorSam

zaksmum wrote: »

So would a DIY will form from the Post Office, correctly witnessed and filled out do the job?

If your estate isn't complicated yes.
Read a book, surf the web, check the legal wording and away you go.
If you have previous partners who may try to claim, perhaps on a pension or maybe step children or illegitimate children, perhaps trusts are involved then yes get a professional in.
But ask yourself do you need a professional executor, it's a simple job.

margaretclare

SailorSam wrote: »

If your estate isn't complicated yes.
Read a book, surf the web, check the legal wording and away you go.
If you have previous partners who may try to claim, perhaps on a pension or maybe step children or illegitimate children, perhaps trusts are involved then yes get a professional in.
But ask yourself do you need a professional executor, it's a simple job.

If you have step-children and/or illegitimate children remember that they must be named - it's not enough just to say 'my children'. 'My children' will mean biological children.

We've had to name our step-grandchildren in our wills, 3 of mine and 2 of his. They've all been named. We haven't had to set up a trust, but they had to be named.