Probate not required?

newroadahead

I wonder of someone can help as I am getting very confused.

My mum (step mum in legal terms) passed away a few weeks ago and we have had the funeral.

She and my dad both left identical wills, dad is sole beneficiary and executor. I have been doing a lot of work on his behalf and last week called the number on the you gov probate register.

I spoke to a very nice man and explained that there is no estate as such as they live in a private rented property and dont own their own car etc.

He said that being the case we dont require a proabte form and that it is not on fact a legal requirement!. He went on to say that some institutions may ask for it to release money etc but that was all.

Mum has not left money but she did have debts and I have been receieving letters from them saying they are getting "probate specialist company" to contact me and one of the banks has sent me reams of forms to complete about her asssets including jewellery etc.

As we dont have enough money to cover all the funeral costs we may have to sell her jewellery to cover the difference and I would have thought that should come first before her debts but I am getting concerned.

Has anyone else had this problem? I will be very grateful for any advice.

Thanks


NRA

daska

Unless the debts are secured against an asset then AFAIK the funeral expenses take priority (e.g. you might secure a loan against a house that you own or a car, that type of debt.)

Mojisola

If your Mum and Dad were on certain benefits, he may be able to get help to pay for the funeral -
https://www.gov.uk/funeral-payments/eligibility

getmore4less

They will try to get you to pay the debts don't pay anything.

If her estate is insovent then it can be a good idea NOT to get involved with probate.

AMILLIONDOLLARS

I believe Funeral expenses are paid first, credit debts are way down the pecking order unless there is a charge on any property. They will need to claim from your mother estate. If there is no money left after funeral expenses, then they will need to write off the amount owed. The other exception is if your parents held the debt jointly, then in this case your father would be liable for the amount owed.

I think paying a mortgageoff is next, as its a secure debt, then the credit card/loans come next.

Hope this helps

AMD

Goldiegirl

When my dad died, my mum was the sole beneficiary of his will, and as all their holdings were in joint names, we were able to get everything transfered to her name without getting probate.

With regard to the debts, if they are in your mums sole name and there is no money in her estate to pay them then the banks etc will have to write off the debts.

They will try it on to get their money back, but if the money is not there, they can't be paid.

It may be worth speaking to some one at the CAB for further help

AMILLIONDOLLARS

Just to add, she may have been paying payment protection without knowing it. If this is the case the creditors should be claiming off these policies to clear the debt. Check the paperwork.

AMD