Probate and practical questions

ddebski_us

Hi everyone

A month ago my dad was diagnosed with terminal cancer and it turns out he only has a month (roughly) left. It has spread to his brain and so he is no longer able to help us out.

My dad was the only income earner and is now retired, my mum is 60 and has no clue about finance or anything so I'm going to have to sort out everything for her.

They both have wills, which I've seen, and everything is to transfer to her. My dad was of pensionable age and had a private pension as well as his state pension. He has a number of life insurance policies and some cash, and owns their home (no mortgage). There are no debts. He also owns his own car.

I have a number of questions (please bear with me):

1. I presume we will have to go through probate even though there is a will and all transfers to mum. Is this easy enough to do myself? (My mum is named as sole executor, so I will have to sort on her behalf and she will have to sign everything).

2. My mum doesn't drive. My dad's car is now sitting on the drive, not moving. Probate (if required) I guess will take through winter. I'm worried about it depreciating in value. Are we able to sell it before probate is complete? My dad was the only insured driver - how are we able to insure ourselves on it without his permission?

3. I presume my mum will be entitled to some of my dad's private pension (I know I need to find the details) but I guess this is the normal outcome? She doesn't get her state pension until she is 62.

4. The deeds are still with the Building Society (where the mortgage was) and there is £1 outstanding on the balance so they keep them. Do we need to get them?

5. How do we transfer utilities etc into mum's name?

I'm sure I have more but they've gone from memory. It is sad that anyone will know the answers to the above (as it means they've probably been in this situation before).

Love to all on this board

xDx

daska

Probate:
It's pretty straightforward most of the time, especially if you locate all the paperwork in advance and don't have to go searching for it when you're coping with organising the funeral etc. I would suggest you get hold of the forms and look at them to work out what exactly you'll need. I would recommend getting hold of Which? Wills and Probate - your local library may hold copies but check it's an up to date publication.

House:
You won't need the deeds - let the bank keep them safe. Are you saying the house is in his name? If so you will need a valuation because it will form part of his estate. (If it's owned as tenants in common then his part will fall within the estate but her's won't so you'll need to check the percentage ownership and get a valuation. If it's owned in joint names it transfers automatically and isn't part of the estate so you don't need to enter it on the forms. Lets hope for the latter just for simplicity.)

Car:
Is insured for the time being but, once he passes, the insurance will probably expire. I would suggest ringing the insurer, they will advise how to continue the insurance. Check the road tax (tax disc), once that expires, if it's not kept on a public road and not going to be driven then you contact the DVLA to make a SORN declaration. Strictly speaking you shouldn't dispose of any of his estate prior to getting probate (that includes selling and gifting items) but as yet he's still alive so TBH you could probably sell it now if your mum doesn't want it and save yourself the hassle of the paperwork later, getting valuations etc.

Utilities:
Check the paperwork to find out if he's locked in on any deals. If he isn't then get the latest bills for the supply numbers/ last 12 months usage and find a new provider and get your mum to sign up - the new provider will then handle the transfer which is probably simpler than trying to explain that your dad can't come to the phone.

Any joint bank accounts automatically become her property once he passes, they don't form part of the estate, it should be as simple as showing the death certificate and having his name removed. (Get more than one copy of the certificate as most insurance/pension providers etc will need sight of an original and you can be waiting a week or so for it to be returned.)

SailorSam

On most properties there are no actual paper deeds any more, it's all electric transfers now, like email.
Doing the probate is a doddle. Just call your local probate office they'll send out the forms and anything you don't understand will talk you through it on the phone. They're very helpful.

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

ddebski_us

daska wrote: »

Car:
Is insured for the time being but, once he passes, the insurance will probably expire. I would suggest ringing the insurer, they will advise how to continue the insurance. Check the road tax (tax disc), once that expires, if it's not kept on a public road and not going to be driven then you contact the DVLA to make a SORN declaration. Strictly speaking you shouldn't dispose of any of his estate prior to getting probate (that includes selling and gifting items) but as yet he's still alive so TBH you could probably sell it now if your mum doesn't want it and save yourself the hassle of the paperwork later, getting valuations etc.

Thanks for your comprehensive response. It's very helpful and has given me some things to think about.

Re the car: we can't sell it, can we, as he would need to sign the logbook upon the sale? There's no way he'll agree to do that as he thinks we're going to find him a cure...

xDx

daska

ddebski_us wrote: »

Thanks for your comprehensive response. It's very helpful and has given me some things to think about.

Re the car: we can't sell it, can we, as he would need to sign the logbook upon the sale? There's no way he'll agree to do that as he thinks we're going to find him a cure...

xDx

Ah, sorry, from the way your first post was worded I assumed he was unable to help rather than unwilling. How awkward. BUT...

If he's competent then would it be possible to enlist his 'help' sorting things out? Tell him you were reading up about making a will yourself and people suggested doing x, y and z just in case you walked under a bus? If you could get him to help you consider what you need to do it might lead into a discussion as to what he should do as well, e.g. consider putting the house in both names etc.

ddebski_us

daska wrote: »

Ah, sorry, from the way your first post was worded I assumed he was unable to help rather than unwilling. How awkward. BUT...

If he's competent then would it be possible to enlist his 'help' sorting things out? Tell him you were reading up about making a will yourself and people suggested doing x, y and z just in case you walked under a bus? If you could get him to help you consider what you need to do it might lead into a discussion as to what he should do as well, e.g. consider putting the house in both names etc.

He is unable which makes him unwilling. His mind has gone and so thinks he is going to come home and drive his car etc again.

xDx

TonyMMM

When the times comes, you can sell the car - your mum would sign the logbook as "executor of ..."

(or if you sell now and she signs on his behalf - I don't think you would have any problems)

PennyForThem_2

No problem selling the car once he dies - DLVA are helpful. Think about reclaiming the road tax (or not)

daska

ddebski_us wrote: »

He is unable which makes him unwilling. His mind has gone and so thinks he is going to come home and drive his car etc again.

xDx

Aha, sorry, I think I was being a bit dense.

There are levels of capacity. And if you want to do it by the book you could apply to the Court of Protection to be his deputy. The application alone costs £400.

So, if he is definitely not able to return home under any circumstances and is not capable of making informed decisions, then I would be tempted just to do a change of keeper and sell it.