Can't afford probate.

Rev · 1 May 2013 at 3:05AM

Hope someone can offer some advice.

I lost my mum in December of last year, my Aunty is executor of her will, and I'm the sole beneficiary. Will was made in the 80’s and she never got around to changing it to me being executor.

Problem is we can't afford to pay for probate. My Aunty works part time but still hasn't got the £120 they're asking for. We have applied for help towards it but its been denied, they said because she has no mortgage her income is seen as disposable. My sole income right now is ESA so I can't pay it.

So I'm just looking for some advice as to where we can go from here
?

The will basically says my mothers house passes to me, she had no money etc. I have no siblings and she was never married. There is some mortgage to be paid on the house, I have been to the bank to try and make some arrangement about this but they won't deal with me because the house isn't in my name yet. They have said they need probate, which is fair enough, but then they send letters saying they'll be taking me to court to try and take the house if I don't sort probate and set up a payment plan.

I just don't know what to do, anyone have any advice?

Thanks.

Dan-Dan · 1 May 2013 at 8:39AM

beg and borrow ??

saintetienne · 1 May 2013 at 8:56AM

Explain the position to your own bank and show relevant documentation - they may be able to give a temporary overdraft or loan to you until the position is sorted out .

dzug1 · 1 May 2013 at 9:05AM

Who is asking for £120?? I thought the fee was £105?

If you can't raise the money you'll need to let the mortgage company take out probate themselves, sell the house and pass you what's left.

Or will they let you pay the mortgage in the meantime?

nom_de_plume · 1 May 2013 at 9:28AM

Citizens Advice would be worth a visit.
The danger of letting the mortgage company deal with it is their only interest is in recouping their monies. Whilst they are obliged to get a fair market value for the property it won't necessarily be as good a price as could be obtained with a more 'controlled' sale. Add to that all their fees and expenses and expect to see a big dent in the residual.

If the OP is struggling to raise £120, I doubt paying a mortgage is likely to be within their means.

Rev · 1 May 2013 at 11:38AM

The house is my home. If I lose it. I'm homeless.

CAB can't help as the debt isn't mine legally yet until probate goes through.

Sorry. £105. Confused late night poster.

I can't borrow it as I'm not in a position to pay it back. I'm spending almost two weeks of every month with no heating or hot water because I can't afford gas.

So we're basically screwed?

nom_de_plume · 1 May 2013 at 12:05PM

You're not screwed, you just need to find a way of opening a line of credit to help you through this. Do you have any friends / family who you can approach?

As you are receiving ESA I doubt you'll be able to obtain a mortgage or get the mortgage switched over to you. I guess the way forward would be to sell this house and use the equity to buy a cheaper home. What you don't want to do is sell up and have a wad of cash in the bank that will affect your benefits.

It may be worth approaching a local solicitor who deals with both probate and property and see if you can get a free initial appointment to seek out some ideas.

puddle96 · 1 May 2013 at 12:16PM

If you go onto the citizens advice website (found by googling) and look under the section that details dealing with death and applying for probate. Under the fees it appears that you can download a form to apply for no fee/a fee reduction if you are in financial difficulty - this might be worth a punt as it would allow you start talking to the mortgage company
HTH

Form is EX160 from wwwhmcourts-service.gov.uk

dzug1 · 1 May 2013 at 12:36PM

puddle96 wrote: »

If you go onto the citizens advice website (found by googling) and look under the section that details dealing with death and applying for probate. Under the fees it appears that you can download a form to apply for no fee/a fee reduction if you are in financial difficulty - this might be worth a punt as it would allow you start talking to the mortgage company
HTH

Form is EX160 from wwwhmcourts-service.gov.uk

OP has already established that the executor is not eligible for a rebate of fees and that he is not either because he is not the executor

Please keep up

System · 1 May 2013 at 12:39PM

I would have thought that the probate costs come out of the estate?

NAR · 1 May 2013 at 12:46PM

OP have you checked that there is no life insurance attached to the mortgage? You certainly seem to be in a difficult position. How much mortgage is outstanding? How are you ever hoping to furnish any mortgage when you cannot afford gas for half of each month?