Grant of Probate - both parents pass away within 2 weeks of each other

Toasty_Toes

My father passed away on 15th November 2011, sadly mum passed away 2 weeks later). Both of their wills are mirror wills reflecting each other, mum left all her assets to dad, and dad left all his assets to mum, should they both pass away at the same time, then I am the next beneficiary as I am the only child, so to speak.

Mum had begun the process of obtaining a grant of probate for dads assets, but had not even reached the point of swearing on oath, as she became to sick within 2 weeks of dad passing away.

Does anybody know if I need to obtain a Grant of Probate for each parent or would I now only need one for mums assets to pass to me. Hope somebody knows the answers I need. I have enough problems trying to come to terms with both parents deaths so close to one another.

Thank you
Toasty Toes

robpw2

im sorry to hear this, i couldnt read and run

TamVilla80

Firstly I'm really sorry for your circumstances, so hope you are doing as well as you can be x

As your Mum started the process, have you got a probate officer you can speak to?

Toasty_Toes

Hi, sorry no unfortunately, no probate officer, only a solicitor who I am slightly suspicious of

daska

I'm really sorry to hear what's happened, many condolences. I think you will have to ring the Probate Office to check exactly how far your mum had got and reschedule any appointment she might have made as you are likely to need more time to sort things out. It's possible, depending on the complexity of the wills, that the overall job might be simpler - thinking of my own parents wills, this would have negated the need to set up a trust etc - and hopefully you'll be able to deal with both your parents' affairs in a single visit to the Probate Office, but ring them, they're very helpful. Unless the wills specify the solicitor as executor you don't have to use them.

sleepless_saver

Do the wills themselves say anything about the gap between deaths, I think my one does?

If not, you could try phoning the Probate Service helpline 0845 30 20 900 and asking them for advice.

And if you're not happy with the solicitor, it's simple to get another one (unless they are an executor). You have more than enough to cope with without having to worry about a solicitor you don't trust.

zzzLazyDaisy

First I am sorry for your loss, it must be dreadful to lose both parents so close together.

You don't need a solicitor and unless it is a large estate, the charges will probably outweigh the convenience of having a solicitor act for you.

You need to contact your local probate office and ask their advice. They are used to dealing with recently bereaved relative and will be patient with you. They will guide you through what you need to do.

IanManc

I'm sorry for the loss of your parents. To lose both of them so close together is awful.

As the wills are mirror wills I assume that you are the executor in each parent's will if the other parent has predeceased? If that is the case then you need to obtain a Grant of Probate for your Mum's estate, and also a Grant for your Dad's estate, and then you can deal with both estates. You need to get both Grants. If you only got a Grant in your Mum's estate then you wouldn't have the legal authority to deal with your Dad's assets.

If you ring your local Probate Registry and explain the situation then they will advise and assist you - they are very helpful indeed. Although the position you are in is uncommon, they will definitely have encountered it many times before.

You do not need to instruct a solicitor to administer these estates. You can instruct one of your own choice to do any work that you want them to do, such as conveyancing of a house into your name.

Toasty_Toes

Thank you to all that posted replies to my thread.

Tuesday_Tenor

Yes, contact the probate office as already advised.

IIRC there is something specific about a death occurring within 30 days of the spouse (or maybe more generally, within 30 days of the testator).

I think you mother won't have inherited from your father as she died within 30 days of him. As all their estates will come to you it won't matter much, but the probate office will probably want you to do things in a specific order. So discuss with them.

I'm sorry to hear your situation - what a lot to cope with all at once.

Biggles

Toasty_Toes wrote: »

should they both pass away at the same time, then I am the next beneficiary

As has been suggested above, the wills won't say 'at the same time', they'll specify a time period. You need to check that and then talk to the probate office.