DIY Probate

SandraScarlett

Savvy_Sue wrote: »

I am still astonished that the phone company my late mother was with required nothing more than a telephone conversation to close her account and send a refund. And it was all done the same day.

As I said to my co-executor, if you wanted to mess with someone's head ...

That's amazing, but it really demonstrates the difference between organisations. Some want to know the ins and outs of a donkey's armpit before they'll even speak to you ....... and others require nothing before sending a cheque.


xx

Rosie1980

The water companies and gas and elec required no proof but then the estate owed them money, they all put it over to my name over the phone. But then I suppose why would you steal someone's debts?

Carmen

Carmen wrote: »

Thank you g6,fred and T.tenor for you kind words and advice.

Tenor, there are many reasons (unhappy story) that my dear sister named me as the executrix.

During the early days my sister made all the relevant enquiries regarding any her pensions etc. The only thing her husband is legally entitled to is her pensions at what ever rates they stipulate.
They had separate bank accounts, and the monies that are left in them may amount to a couple of thousand? She does have a few share that she was given when her BS became a bank (her name only)
The house was in joint names, no problem there, no inheritance tax to consider.
The life insurance was in her name only. BiL said he has sent papers to insurers for the claim. I shall phone the insurers tomorrow just to
make sure the claim will cover the funeral costs, BiL has
apparently paid £1000 already to the funeral directors.

These matters have arisen since receiving the original will from the solictor and him telling me (briefly) that my entitlements go further than the assets she had already parted with.

Because my planned journey home is fast approaching and I have played ostrich for several weeks alreday I hope most of the above can be dealt with within the next eight days, wishful thinking maybe!

I did love my sister dearly and I am thankful that I have a kind, loving and understanding family that are helping me through this.
Thanks again.
Carmen x

I need some more advice please.

I have got to the stage of needing to know how the property was owned. Can anybody please guide me in the right direction? I need to know if they are/were joint tenants or tenants in common?

The only information I have managed to acquire is, the house was bought in the name of my sister and her husband. The mortgage has on it both their names.
Thank you
Carmen x

dzug1

You need to check the title register with the Land Registry


For tenants in common the wording "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court". will be there.


If there is no such wording in the title document then it's almost certainly a joint tenancy.

Carmen

Carmen wrote: »

Thank you g6,fred and T.tenor for you kind words and advice.

Tenor, there are many reasons (unhappy story) that my dear sister named me as the executrix.

During the early days my sister made all the relevant enquiries regarding any her pensions etc. The only thing her husband is legally entitled to is her pensions at what ever rates they stipulate.
They had separate bank accounts, and the monies that are left in them may amount to a couple of thousand? She does have a few share that she was given when her BS became a bank (her name only)
The house was in joint names, no problem there, no inheritance tax to consider.
The life insurance was in her name only. BiL said he has sent papers to insurers for the claim. I shall phone the insurers tomorrow just to
make sure the claim will cover the funeral costs, BiL has
apparently paid £1000 already to the funeral directors.

These matters have arisen since receiving the original will from the solictor and him telling me (briefly) that my entitlements go further than the assets she had already parted with.

Because my planned journey home is fast approaching and I have played ostrich for several weeks alreday I hope most of the above can be dealt with within the next eight days, wishful thinking maybe!

I did love my sister dearly and I am thankful that I have a kind, loving and understanding family that are helping me through this.
Thanks again.
Carmen x

I need some more advice please.

I have got to the stage of needing to know how the property was owned. Can anybody please guide me in the right direction? I need to know if they are/were joint tenants or tenants in common?

The only information I have managed to acquire is, the house was bought in the name of my sister and her husband. The mortgage has on it both their names.
Thank you
Carmen x

Carmen

Oops! Not sure what I did there.
I have spoken to someone at the Land Registry. They could only inform me that it was registered in both names and, when they are informed of my sisters' passing they will put the name in her husbands'. As executrix I presume that will need to do that?
Can I obtain the rest of the information from LR once I send them the details of my sisters' passing or will this information olny be given to BiL?
Many thanks dzug1.
Carmen x

dzug1

AFAIK anyone can buy a copy of the title register




https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/


I think they may well be wary about giving info over the phone, particularly for free

Land_Registry

dzug1 wrote: »

You need to check the title register with the Land Registry

For tenants in common the wording "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court". will be there.

If there is no such wording in the title document then it's almost certainly a joint tenancy.

Anyone can apply to register the death of a registered proprietor as the formal evidence required to be lodged is either the death certificate or probate in most cases.

The issue of confirming whether they held the property as TIC or not though is not always simply a case of checking the land register as other factors can come into play.

dzug1 rightly states that the existence of a form A restriction 'almost certainly implies' they were TIC but it may also be necessary to check wider afield as well

Rosie1980

I am sat listening to the delightful HMRC holding music while I await an adviser, I thought I might get a quicker response on here! I have finally completed the IHT400 and all associated schedules, it asks me to send copies of her Power of Attorney and Will. Do these have to be official copies or just photocopies?


I have finally got through and they said definitely don't send originals just photocopies.

Rosie1980

I have another question, I understand that when I go to a solicitor to swear my oath I need a copy of the Will, do the probate people send me one or do I need a certified copy done before I send it, or can I just photocopy it myself?