Advice for executor - estate did not go to probate

sunshinechaser13

Thanks all - I'll get the wording asap.

madbadrob

The fact there is property involved this will HAS to go to probate. As son is executor he should get the will and apply for probate. Until that is done the share that is to be distributed cannot be and the widdower cannot stop probate or keep the will from the executor. I would seek legal advice asap

Rob

RAS

I think the OP is the executor and son (and putative beneficiary).

sunshinechaser13

Ok it reads:

'I appoint I my husband (name)and son (name) to be the executors and trustees of my will. I give to my trustees my share of the house.'

Which I'm guessing would means me as son's share would be 25% - but perhaps not if it didn't go to probate? Lots of wording after that I don't understand, but nothing further about the house.


Also says this which I didn't fully understand:
'Whenever my trustees shall determine herein, to apply any income or capital for the maintenance, support, or benefit of any minor they may themselves apply that income or capital or pay the same to the parent or guardian of such minor without seeing the application.'


Looking more at the papers I've found that there were £10k of bonds in her sole name, and a life assurance of just over £7k.

RAS

Does it indicate whether the share of the house is to be divided equally or in any other way?

sunshinechaser13 wrote: »

Ok it reads:

'I appoint I my husband (name)and son (name) to be the executors and trustees of my will. I give to my trustees my share of the house.'

Which I'm guessing would means me as son's share would be 25% - but perhaps not if it didn't go to probate? Lots of wording after that I don't understand, but nothing further about the house.

Also says this which I didn't fully understand:
'Whenever my trustees shall determine herein, to apply any income or capital for the maintenance, support, or benefit of any minor they may themselves apply that income or capital or pay the same to the parent or guardian of such minor without seeing the application.'

Looking more at the papers I've found that there were £10k of bonds in her sole name, and a life assurance of just over £7k.

Was the life insurance assigned to anyone? It could be paid into the estate or paid to an individual.

Is there anything in the will that states what is to happen either to the bonds or to any other assets?

Often there is a note about the residue of the estate or residuary beneficiaries.

sunshinechaser13

Hi - thanks for your quick reply. There is nothing about how the property should be divided up, literally just that one line.

Will check re. the rest asap.

getmore4less

you need to establish if there was a share to be willed.

if they were joint owners then not.

sunshinechaser13

getmore4less wrote: »

you need to establish if there was a share to be willed.

if they were joint owners then not.

They were tenants in common, not joint tenancy.

madbadrob

Right that will reads to me that the house is to be held by the trustees because the house is held TIC. You cannot sell the house without the other shareholders agreement anyway hence the setting up of trustees. The will also states that the trustees take her share equally therefore the house is only 25% the son's and the father has the greater share so you are totally going to accept that the house is not sold. The fact the will goes further to state that the trustees can at any time they like without the others agreement pay to any minor money they so wish so again I would think the idea is that money is to be earning off the property but thats not so clear from your post.

All that said there should still be probate in this case so as there is nothing they can do legally until they do. Would suggest your husband get legal advice asap

Rob

sunshinechaser13

madbadrob wrote: »

Right that will reads to me that the house is to be held by the trustees because the house is held TIC. You cannot sell the house without the other shareholders agreement anyway hence the setting up of trustees. The will also states that the trustees take her share equally therefore the house is only 25% the son's and the father has the greater share so you are totally going to accept that the house is not sold. The fact the will goes further to state that the trustees can at any time they like without the others agreement pay to any minor money they so wish so again I would think the idea is that money is to be earning off the property but thats not so clear from your post.

All that said there should still be probate in this case so as there is nothing they can do legally until they do. Would suggest your husband get legal advice asap

Rob

You mention my husband should get legal advice - do you mean me? I am the son involved! I mentioned above that my assumption was that it would be 25% share to me as son.

I have no intention of selling the house, it is my elderley father's home - he is almost 90. I just want to understand the implications of the will, and moreover, the lack of probate. Particularly if he was to go into care and the home had to say be sold to pay for care fees.