Probate Guidence

Faith177

Hi All

Looking for a bit of help as very very confused

My nan (1 of 4 executors) for my mums estate is trying to get everything sorted out but we keep getting conflicting information

Nan rang HMCR today to enquire about the tax implications of the money being paid into an account she has set up for the estate on her as she doesn't pay tax any more (low pension) they have advised of the limits and my mums estate is nowhere near the limits so thats ok

We are trying to sort out the probate so we can make the payments for debts outstanding but we are not sure what to do as my mum had lived in Scotland for the last 9 years but the house that me and her have a joint mortgage on is in Essex her will was done in 97 and held by a solicitor in London. Do we apply for probate in England or Scotland? (just to add she died in England if this has any bearing)

We have been told by the Sherrifs court in Inverness that we only need to apply for (i've forgotten the word for it now but think it was clarification something like that) but only if the bank or an insurance company ask for it which they haven't yet.

Where do we go from here? We really don't want to give it to a solictor as the costs would just nuke what is left in the estate

Tuesday_Tenor

Sorry, can't answer your main question, but the word you're looking for is 'confirmation' which in Scotland is the equivalent (though with significant differences) to the probate process in England.

BobQ

Money in an executors account established for the administration of the estate is NOT your Nan's money. It belongs to the estate of the deceased until its used to pay debts or beneficiaries.

Not sure of the intricacies but an English Will is not the best solution if her main residence was in Scotland. So you need specialist advice.

Keep_pedalling

Under what circumstances did she die in England, was is sudden on a visit or had she moved back for a short time and owned no Scottish assets at time of death?

G6JNS

Faith177 wrote: »

Hi All

Looking for a bit of help as very very confused

My nan (1 of 4 executors) for my mums estate is trying to get everything sorted out but we keep getting conflicting information

Nan rang HMCR today to enquire about the tax implications of the money being paid into an account she has set up for the estate on her as she doesn't pay tax any more (low pension) they have advised of the limits and my mums estate is nowhere near the limits so thats ok

We are trying to sort out the probate so we can make the payments for debts outstanding but we are not sure what to do as my mum had lived in Scotland for the last 9 years but the house that me and her have a joint mortgage on is in Essex her will was done in 97 and held by a solicitor in London. Do we apply for probate in England or Scotland? (just to add she died in England if this has any bearing)

We have been told by the Sherrifs court in Inverness that we only need to apply for (i've forgotten the word for it now but think it was clarification something like that) but only if the bank or an insurance company ask for it which they haven't yet.

Where do we go from here? We really don't want to give it to a solictor as the costs would just nuke what is left in the estate

Do you know if the will was made in Scotland or England?

Faith177

The will was made in England in 1997 before she moved

She was visting my aunt as she wasn't very well and needed help she intended to move back to Scotland and was still paying rent on her home in Scotland and still had her job and car up there

G6JNS

Faith177 wrote: »

The will was made in England in 1997 before she moved

She was visting my aunt as she wasn't very well and needed help she intended to move back to Scotland and was still paying rent on her home in Scotland and still had her job and car up there

In which case it seems that you apply for probate in England certainly as far as the house is concerned. If she had any estate in Scotland you can, AFAIK, apply for probate in Scotland supporting it with the already probated English will. Remember that the rules on succession are different in Scotland so you might need professional advice.

Keep_pedalling

Sounds like probate / confirmation could be dealt with from England or Scotland. If you treat her last residency as the address she was living with her aunt then your nan can apply for probate in England, alternatively use her rented address and apply for confirmation in Scotland.

As most of her estate (and all of her Heritable estate) is in England as are the executors then that may be the better option, she should however take some legal advice on this to make sure she stays within the law.