Dad died with no will

gazza97

Dad desperately wanted to make a will in his last days but unfortunately time was not on his side. We were with him at the last moments and his last wish was for everything to be split evenly between my sister and I. There are savings worth under £15,000 and a property valued around £120,00. Dad did have a private pension as well as state pension and had taken retirement. Mum has already passed away so all is left is my sister and I. There are 2 step children from a previous marriage on Mums side. I do not believe they are entitled to anything and Dad made it clear he did not want them to receive anything (personal)


My question is that my sister suggests that it would be better to go through a solicitor at a cost of £1,200 + VAT


For me it seems quite a simple task. Apply for grant of representation, Fill in form PA1 and Inheritance tax return, include fee, include death certificate, swear oath, open joint bank account, transfer assets, pay off debts, split what is left and either sell or rent the house.


Am I missing something or am I about to squander nearly £1,500 unnecessarily on a solicitor


All advice is welcomed


Thanks

enjoyyourshoes

My brother died intestate and the solicitor said 'do it yourself'.


Read up, do searches and ask advice on technical issues.


When you get the death certificate get as many copies as bank accounts/insurances/policies as he had (these are 1/2 price when you initially register)


Talk it through with sister to agree best course of action and get her on side

gazza97

We already have the DC. We got 10 copies just in case

Beancounter

I went through a solicitor just for pure laziness as I had other things to attend to but it looked a reasonable easy process if you are good with paperwork and figures.

Tuesday_Tenor

The step-children so don't inherit under the intestacy rules UNLESS they were formally ADOPTED by your father. Perhaps good to get the section from the ukgov site in case the step-children raise any questions.

It sounds like you have got the measure of the administration process.

This is a thread specifically for people who are doing/have done DIY probate: https://forums.moneysavingexpert.com/discussion/5165177

From what you say the estate seems straightforward.
There is nothing to stop you getting the grant of administration, doing what you can, and should you encounter anything unexpectedly complicated, seeking legal advice on that aspect alone, which will be cheaper than using a solicitor for the whole lot. Perhaps that would reassure your sister?

Tuesday_Tenor

Further re the step-children.
Did they inherit anything from their mother?
Did/Will they inherit anything from their biological father?

You might need to check:
(a) Legally: was anything left from your mother to your father with a 'life interest' for him, but to pass to the step-children upon his death? You will need to check ownership of the house at the Land Registry, unless you are already sure..

(b) Morally: did your mother intend that her other children should also inherit from the originally-joint estate. If so, but no provision was made for this, then legally the step-children have no case now. But how would you feel honouring your father's wishes but not your mother's?

G6JNS

Tuesday_Tenor wrote: »

Further re the step-children.
Did they inherit anything from their mother?
Did/Will they inherit anything from their biological father?

You might need to check:
(a) Legally: was anything left from your mother to your father with a 'life interest' for him, but to pass to the step-children upon his death? You will need to check ownership of the house at the Land Registry, unless you are already sure..

(b) Morally: did your mother intend that her other children should also inherit from the originally-joint estate. If so, but no provision was made for this, then legally the step-children have no case now. But how would you feel honouring your father's wishes but not your mother's?

Morality has no place in the administration of estates. If all the beneficiaries agree the a DOV can be done but there is no obligation to do so.

getmore4less

Check that £1500 includes everything, you might find it creeping up if if that is just the solicitors fees.

gazza97

Mother was actually a step mother. My Farther divorced with my mum, re mortgaged and paid mum out of the house. The house has always been in his name. Step mum arrived with nothing but debt which dad paid off for her. Dad specifically told us that she came with nothing and left with nothing. Mum also told her kids that when she went there would be nothing for them. That was the way she was. She lived day for day