What to do when a partner/spouse dies.

[Deleted User]

So sorry to hear of your loss Beverley, thinking of you.

katherine04

Beverley, I'm sorry to hear that

skintmumofone

I am an Executry Paralegal in Scotland and up here it is called Confirmation you have to send an inventory of the deceased's assets to the Court to have the documents rubber stamped which then gives the executors legal title to deal with the assets.

Regarding the Death Certificate, many years ago when I first started in the legal profession you were permitted by the Law Society to send certified copies of the Death Certificate to the banks etc. We have our own verification form that is stamped and signed by one of our solicitors which is sufficient for the banks etc.

I have been doing this job for over 13 years and have never quoted a fee for what I do as it is virtually impossible every case is different.

I would stress what the other posters have though, it is imperitive to have a Will and a Power of Attorney. I have had one since being in my 20s and would encourage everyone to have one.

skintmumofone

Beverley I am so sorry to hear of your loss ((( big hugs )))

iantat

my grandmother died 3 years ago and was intestate, she has 3 offspring, my mum, and my aunt and uncle, my aunt has been dealing with the estate, but i have found out she hasnt shared the money out equally between my mum and uncle and she has kept a very large portion of the estate. there was about £79k in bank accounts and a property which has just sold for £100k according to my aunt, is she commiting fraud? and also what can i do to make sure that everyone gets an equal share? is it a police matter? and as my uncle lives in thailand, and my mother suffers from mental health problems i feel my aunt has taken advantage of them. all my mother and uncle have received is £10k each, and nothing else, and my aunt is saying that the amount of cash left was £50k but i know this is not true as my grandmother told me the amount of money she had invested and in her bank account. i really dont know what i can do? and now ive been told my aunt is been on a spending spree, buying new cars, new kitchen, holidays abroad, a new caravan. im worried that there will be no money left for my mum and uncle. please please help

John_Pierpoint

The first thing you need to do is gather some evidence.
Your aunt presumably has been granted the right to distribute the estate legally by now, so get a copy of the grant, it will then show the total of the account that aunt delivered to the court. The probate registry call this the "admon" to avoid the legal niceties of distinguishing between wills and letters of administration.
You don't say where your grandmother lived, presumably not in Scotland?
Scotland and N.Ireland have their own law/procedures.
I live in the home counties so I can visit the central probate registry in London, but in theses days of electronic communication I'm sure you can search the records from elsewhere in the country.

http://www.justice.gov.uk/courts/probate/probate-registries

Your aunt is allowed to get a bigger share than her two siblings because she will have some genuine expenses to claim, including expensive legal advice she probably needed to use and she might have been able to claim as a dependent.
There is a basic principle of English law that a person of sound mind acting of their own free will is able to make a will and leave their assets according to their wishes. However, this principle is subject to the provisions of the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) which enable certain named classes of people to make a claim for reasonable financial provision from an estate under certain circumstances.
The class of potential claimants is wide and includes not only a lawful spouse or lawful civil partner, but a cohabitee of at least two years, a person financially dependent on the deceased and a child including an adult child.
There are time limits stating when a claim should made, but they may be extended in certain exceptional circumstances.

[Normally 6 months I think]


The other two beneficiaries are entitled to demand a set of accounts for the work your aunt has done as a trustee.



When you have found some evidence you will need a solicitor - unfortunately the police are not very good at investigating fraud, even when offered fairly conclusive evidence; their primary task is keeping the peace.

dampsquib

John_Pierpoint wrote: »

The first thing you need to do is gather some evidence ....
.... I live in the home counties so I can visit the central probate registry in London, but in theses days of electronic communication I'm sure you can search the records from elsewhere in the country.
http://www.justice.gov.uk/courts/probate/probate-registries

I’m not sure if all Probate offices provide access to a computerised index, but the London Probate Registry on High Holborn certainly does.
As I was in London in April for a meeting, I was able to pop into the High Holborn office and use their index to look up a will for a friend. Accessing their index was free of charge and was literally a one minute job on the terminal provided. I was then able to chase up a long overdue application that I’d submitted to another Registry back in January. The cost of obtaining a copy of the probate documents (in January) was a modest £6. If a Probate application has not yet been submitted, for the £6 fee, they keep you on “standing search” for 6 months. After that, another fee is payable.

This is an opportunity to issue a warning though, about visits to the Probate Registry. Unbeknown to me at the time of my visit, the Probate Registry is now part of HM Courts & Tribunals Service, and visitors are subject to a very strict security policy – particularly where knives are concerned.

I travel quite a bit, so often carry my Swiss Army Knife and my Leatherman Super Tool. Like many, I regard them as essential equipment when staying in hotels, and use them to open wine, make snacks, tighten shower hoses, etc, etc.
When I arrived at the Probate Registry, I had my overnight bag with me …. including my two knives.
The Courts Act 2003 allows security in court buildings to confiscate items from visitors. Some items will be returned to you as you leave the building, but knives will only be returned by post (at the taxpayer’s expense) on application to have them returned. Unfortunately, at the moment, their procedures do not include their staff drawing your attention to their security policy when you enter the building, nor do they allow you to do a u-turn, so that you can return later without any sensitive items. Don’t think though, that it is just sharp items which may be a problem. I’ve read in the media that they have also seized umbrellas, camera phones, and soft drink cans!

IMO, their procedures are poorly thought out and the security staff have been badly briefed. In my case, they made a number of incorrect statements and seized items worth around £100. I had some scissors returned to me on leaving the building, my Swiss Corkscrew was retained, but eventually after much hassle, it was returned by post (Special Delivery costing the taxpayer £6.90!). Even worse, they claimed that my Leatherman wasn’t actually legal, so they retained it and handed it over to the police! Thankfully, the police were very helpful when I visited them the same day. They confirmed that carrying a Leatherman wasn’t a problem, and said that they would return it as soon as it had been handed over. This is good news for Amazon, Tesco, Outdoor Shops, etc, etc who sell Leatherman tools, not to mention owners, and the companies who make them. The police returned my Leatherman the following week. As they only return items in person, it was fortunate that I had to return to London again the next week – I’m normally only there 2 or 3 times each year. Bizarrely, after the police had returned my tool, the court wrote to me incorrectly stating that the police had confirmed that my Leatherman was an “offensive weapon” and as such, it was being disposed of.
I was pleased to get my expensive items back, but now have the problem of making sure that Court and Police records do not incorrectly claim that an offensive weapon was taken off me. I’ve also read reports in the press, where people like me(?), have been referred to as “thugs” and “lunatics”. So, should you read “shocking” headlines about court security seizures, bear in mind, that many of these stats may relate to people innocently carrying a corkscrew when on the way to look up a will, or people who just thought it might rain!
Somewhat ironic to encounter injustice in the home of justice. For the first time in my life, I’ve written to my MP.

cj1967xx

hi my husband dad died 4 weeks ago , and we are doing probate form we had a loan from him 3years ago of 25k will we be taxed for this and do we put it on forms as loan ?im sorry but this has gone over my head ,i am to believe that he can have a gift 3k every year so he been 3years so 9k to come off 25k so what do i put in on forms . we also paid it back in cash so dont have anything other than a recieved slip from mum

NAR

If the estate, with the £25k, is over the Inheritance Tax Limit then yes IHT will have to be paid from the estate.

??? What did you pay back in cash? Was it a gift or a loan?

getmore4less

cj1967xx wrote: »

hi my husband dad died 4 weeks ago , and we are doing probate form we had a loan from him 3years ago of 25k will we be taxed for this and do we put it on forms as loan ?im sorry but this has gone over my head ,i am to believe that he can have a gift 3k every year so he been 3years so 9k to come off 25k so what do i put in on forms . we also paid it back in cash so dont have anything other than a recieved slip from mum

If the debt was repaid then it just becomes part of the estate.

you need to do IHT205 and that will guide you through if you may need to go to IHT400 and the various supliments.


You personaly have no tax on money you borrow and repay.