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Help getting a solicitor for Probate
realitybites
Posts: 178 Forumite
in Cutting tax
Mum died over a week ago after being a long time sufferer of dementia. We lost her over a year ago, when she no longer recognised anyone. Still painful, but expected. No more compromising of her dignity. Without going into detail there is a coroners inquest so no death certificate to register her death.
Totally in the dark about what happens from here. She has made a will to split her estate among three of us equally, totalling around £300k. I haven't been in contact with the solicitor about the will yet. I have heard words being bandied about, in particular probate.
Small bit of research has given me an idea about it. Can anyone give any recommendations or a figure to look at for this service (I think it may be easier to let someone else deal with it as there could be case of pulling in 3 different directions.
Any help is greatly appreciated.
Thanks
Totally in the dark about what happens from here. She has made a will to split her estate among three of us equally, totalling around £300k. I haven't been in contact with the solicitor about the will yet. I have heard words being bandied about, in particular probate.
Small bit of research has given me an idea about it. Can anyone give any recommendations or a figure to look at for this service (I think it may be easier to let someone else deal with it as there could be case of pulling in 3 different directions.
Any help is greatly appreciated.
Thanks
0
Comments
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Did your mother name an executor?
http://www.justice.gov.uk/courts/probate Plenty of information here.
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
You need to check fee structure with chosen firm - you could ring round.0 -
Thanks for the info. Two of us are joint executors. We have oustanding care home fees to pay as well. There is an interest rate, not sure what they are but have to start paying interest after 56 days.
Where to begin!0 -
You can apply for probate yourself, xylophone's excellent link http://www.justice.gov.uk/courts/probate tells you how.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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My condolences to you & your family.
If your mother has a will you can do the probate yourself/selves. It's fairly straightforward & you can download the forms & they also have a guide to filling out the form. I did my mothers probate 10 years ago when the service first went on line & I would recommend anyone doing it themselves if they have a will.
Good Luck!Small victories - sometimes they are all you can hope for but sometimes they are all you need - be kinder than necessary, for everyone you meet is fighting some kind of battle0 -
If the estate is as simple as it sounds, and there is a straightforward will, then you dont need to involve a solicitor at all. And you will save a packet by not using one.0
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My darling dad died of dementia (or related issues) last year and I did probate myself. I did it slowly, I didn't rush it and it went well, there are some excellent leaflets available from the probate office if you phone and ask. All the forms are self explanatory and there is a help line if you get stuck.I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.0
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Thank you all so much for your kind words and helpful info. I will have a look at all the links and info supplied as soon as I get the funeral out of the way.
Again, thank you0 -
Sorry for your loss. It does get a little better once the funeral is behind you.
At that point - I can't stress how easy it is to do the whole Probate / distribution thing yourself. Much better than the cost / frustration of a Solicitor. After all they have to get all the data from you - just to translate it onto a few forms!
It sounds (care home fees?) as though you may not have a property to sell and therefore all the untangling of utility bills etc. If that is the case it removes endless sources of frustration. So don't add to it by using a Solicitor.
If one of you ('joint executors') is better organised / has more time available than the other it makes sense to let that one do all the work - and simply keep the others in touch with progress.If you want to test the depth of the water .........don't use both feet !0 -
Don't know if anyone can help regarding a Grant of Probate. I have to pay off a care home so would I need it to do this or could the bank just pay the home directly.
On the same note, is it also needed to sell the house
Thanks in advance.0 -
If there is a property involved you will certainly need probate.
http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029799
http://www.dwp.gov.uk/docs/dwp1027.pdf
It is quite likely that as this is not a small estate, you will not be able to access your mother's bank accounts until after probate is granted.
With regard to the care home fees, funeral expenses etc. it might be as well for the executors to meet these expenses (keeping meticulous accounts) and claiming these monies from the estate after probate.
It might be as well to set up an executors' account to receive monies owed to the estate.
https://www.co-operative.coop/legalservices/probate/Free-Probate-Advice--Support-/How-do-I-know-if-Probate-is-required/ you might find this of interest.0
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