Do I need a solicitor for Dads death

van22663

Please could you give me some advice.
My Dad has died suddenly but he has left a will. Everything is left to Mum, Mum is frail but I am a named executer so can do anything that is needed. It seems straight forward & Dads house was in joint names so I dont think I need to apply for probate. Do I really need a solicitor or can I sort this myself ?
thank you

nearlyrich

You can sort it out yourself there is a lot of advice on line and you will save a lot of money if the affairs are simple.

Sorry for your loss.

Mojisola

This - http://books.which.co.uk/products-page/legal-advice/wills-and-probate/ - is worth a read to get you started. Your local library may have a copy but make sure it's the latest version.

The estate should be very simple to deal with and the people at the Probate Office are usually very helpful if you have any queries.

daska

Whether you need probate depends on the value of the estate - which is not just the house and from what you've written, doesn't include the house in this instance. Were there any high value savings/ investments/ other property (cars, paintings, jewellery, antique furniture? If it was all in joint names then it will pass automatically. Probate aside, is there any mention of anything complex in the will such as a trust?

van22663

Many thanks for your advice. There is nothing complicated. Just the house, car and Dad had a few savings, certainly not much . He has about 2k in the bank and about £800 savings. House was paid off years ago. I have a free half hour solicitors appointment because they hold the will. Do I get the will fromthem or do they have to execute it ? In view of how little Dad had, I dont want a huge solicitors bill too.

Mojisola

van22663 wrote: »

I have a free half hour solicitors appointment because they hold the will. Do I get the will fromthem or do they have to execute it ? In view of how little Dad had, I dont want a huge solicitors bill too.

That depends on what the will says - are you the only executor or are the solicitors named as executors as well?

Hermia

van22663 wrote: »

Many thanks for your advice. There is nothing complicated. Just the house, car and Dad had a few savings, certainly not much . He has about 2k in the bank and about £800 savings. House was paid off years ago. I have a free half hour solicitors appointment because they hold the will. Do I get the will fromthem or do they have to execute it ? In view of how little Dad had, I dont want a huge solicitors bill too.

If the solicitors are not named as executors you can just collect the will. When I did it I had to pay a £35 release fee. Make sure you take lots of ID to your appointment incase you are able to get the will off them.

Have you looked at http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/index.htm

van22663

Myself & my Auntie are the only named executers on the will. I have got a 30minute free appointment tomorrow so will take ID and get the will from them. Getting death cert today & will get more details from bereavement services so hopefully will all be a bit clearer. Thanks everyone for your help.

Mojisola

We found the registrar very helpful when we went to register Mum's death. Our council offers the "tell us once" service - https://www.bereavementadvice.org/registering-a-death-and-tell-us-once/tellusonce.php - which meant we were able to deal with a lot of things in one visit.

daska

From what you've said it sounds as if there's a chance the total estate might be worth less than £5K in which case you don't need a grant of probate. Do the sums.

If the solicitors are named as executors then you might have to involve them, but for a small estate they may be happy to relinquish it.

toadhall

I have just done all my mums assets with myself as executor, no probate, done and dusted, the will was in the house so no solicitor involved at all