Dad Passed Away, No Will, Few Questions

david39

https://www.gov.uk/inherits-someone-dies-without-will/y


Covers Scotland as well as the rest of UK

Beancounter

Mojisola wrote: »

Shop around - I insured Dad's house for a long time (because the first sale fell through) - I kept the heating on frost protection and had to visit twice a week and someone had to sleep over every six(?) weeks.

I used to go over before viewings and put the heating on so that the house felt much more welcoming for viewers.

I spoke to dad's current insured today and they have agreed to cover the flat as unoccupied for the remainder of the policy so 9 months, that should hopefully see us through. It cost an extra £119 but I was being quoted double for a 12 month policy so not too bad.:beer: No extra conditions attached but I will be keeping the heating running till the weather is warmer anyway.

Flugelhorn wrote: »

being a sheltered housing complex, the OP may not be eligible to own the property anyway as there may be age restrictions

My dad didn't own the sheltered flat, he moved from his own flat to the sheltered property.

TaProhm79

Hi Beancounter. I'm sorry for your loss.

The law is different here in Scotland.

If your father was unmarried/widowed when he died and you are his only child, you should be entitled to inherit his whole estate under the rules of intestacy (a person who dies without leaving a valid Will is "intestate").

Before you can sell the flat, you will have to apply to the Sheriff Court for appointment as Executor-Dative. The Executor is the person with authority to deal with the estate. You will then need to prepare an Inventory of all his assets and liabilities (this will involve finding out the date of death values for the flat, bank accounts, investments etc), apply for a Bond of Caution (pronounced cay-shun - this is an insurance policy which protects the estate) and apply to the Court for Confirmation (the Scottish equivalent of Probate). The whole process usually takes a few months but your solicitor should be able to give you an estimate of timescales. If inheritance tax is payable, or you need to submit an inheritance tax account for any reason, it will be more complicated.

Unfortunately, until Confirmation has been granted, you do not have authority to sell the flat. The Power of Attorney ends automatically on your father's death so can no longer be used. The title would not normally be put into your name - Confirmation acts as the "link" in title between your father and you as Executor, and you would usually exhibit it to the purchaser to prove that you have the right to make the sale.

I would recommend contacting the utility companies and asking if a hold can be placed on the accounts while you apply for Confirmation. Often you can have a hold placed on the account until the estate is in funds and some companies will even leave it until the property sells and you can provide them with a final meter reading. However it does depend on the supplier.

As far as the household contents are concerned, I would recommend that you speak to your solicitor before taking any action. On the basis that you are going to be the executor and sole beneficiary you would probably be OK to just clear the flat and sell/keep the items now, but you should take legal advice first.

I hope this helps.

Beancounter

Been to the bank today so the accounts will be frozen and funds will be transfered to me in due course.

The deeds to Dad's flat were being held by the bank so I have requested they are sent to my solicitor to start the ball rolling on that.

Can someone tell me the situation re council tax on an empty property in this situation? I know from this link https://www.gov.uk/council-tax/second-homes-and-empty-properties that you can get 6 months exemption from the day you get probate till the house sells but what happens from now till that time? My solicitor reckons it will take around 2 months to get confirmation.

Mojisola

Beancounter wrote: »

Can someone tell me the situation re council tax on an empty property in this situation? I know from this link https://www.gov.uk/council-tax/second-homes-and-empty-properties that you can get 6 months exemption from the day you get probate till the house sells but what happens from now till that time? My solicitor reckons it will take around 2 months to get confirmation.

You'll have to check with your council. With ours, as the house was furnished but unoccupied, the CT was waived.

If we'd removed the furniture, there would have been some CT to pay - didn't understand the logic behind that!

Beancounter

Mojisola wrote: »

You'll have to check with your council. With ours, as the house was furnished but unoccupied, the CT was waived.

If we'd removed the furniture, there would have been some CT to pay - didn't understand the logic behind that!

Thanks, might have to call them to ask.

How they know the house is furnished is another matter!

Edit: just looked at the local council site and it says the following

This applies to any unoccupied property which is part of the estate of a deceased person. Liability will fall on the executor. Unlimited exemption may be awarded until the Grant of Confirmation is signed, and for 6 months after that date, as long as the property is still in the care of The Executors. This exemption may be applied to more than one property as long as they all meet the above criteria.

I will write a letter to them tomorrow. I already contacted them today after sending a demand to the flat my dad moved into.

Beancounter

I was rather surprised to receive a bank transfer of the funds from my Dads accounts today. I assumed that this would be held until such times as confirmation was gained.

Is this normal for them to do for someone in my position?

I have put this money away in a separate account for the time being just in case.