Probate a year later...

mattmbr2005

Hi Folks

Hoping someone can help me! I'm in a pickle...

My Father died a year ago, leaving a Will leaving everything to me, apart from £8000 to my mother. His only assets were his personal belongings, and about £11,000 in bank accounts. No house or anything...

At the time, Nothing appeared to trigger the need to go to probate, at least no one told me I should! The bank accounts all said it wasn't enough to trigger a need to go to probate, and every company / bank / account I dealt with was happy with just a Will and proof of my ID as an executor of the Will.

However, I've just discovered a sum of money in a pension that the pension company are paying as a lump sum to me... but they need a grant of representation...

I've been told to apply for probate and get one...... but can I do this? even a year on? and even after all my Father's money was already transferred to me and all accounts closed and settled etc?

Help! Thanks

Matt

dzug1

Yes - you can apply for probate. It won't be a problem.


You'll have the advantage of knowing all the figures without any further research

konark

Technically any estate over £5,000 (ther than where the spouse gets everything) should go to probate. There'll be no problem with the delay, probate seems to be a very slow process anyway.

wwl

If the amount isn't very big it might be worth going back to them to see if they can be more flexible - Insurance co.s will often be dealing with large payments, so their default processes will be oriented to those.
Bear in mind applying for probate will cost £215 + Solicitor oath (£5-10)

getmore4less

If the payment is outside the estate(nomination form was done) then they should not need the grant, death certificate and proof of ID should be enough.

if to be paid to the estate then to you a grant is probably needed

It may be worth the couple hundred to make it happen rather than try to discuss the situation with the pension compnay, PA1, IHT205 are not that hard to fill in.

bossymoo

I too would go back and ask them. When my husband died he had a small pot with one particular provider. They were the only ones to request probate.
My solicitor suggest I tell them they were the only ones requesting, and ask was there an absolute need.
In the end they said not, but just asked me to sign a declaration which was witnessed by my solicitor and that was sufficient.

wwl

getmore4less wrote: »

If the payment is outside the
It may be worth the couple hundred to make it happen rather than try to discuss the situation with the pension compnay, PA1, IHT205 are not that hard to fill in.

It has to be worth another call at least. Say you're happy to sign an indemnity (covers them if you're not entitled to the money), and that it's ridiculous to have to pay £215 for probate just to get the one remaining asset when all the others didn't require it.
Banks will typically release £20K-odd without a grant. (I was rather surprised by this, considering that anyone could knock up something that looks like a will...)

DandelionPatrol

konark wrote: »

Technically any estate over £5,000 (ther than where the spouse gets everything) should go to probate. There'll be no problem with the delay, probate seems to be a very slow process anyway.

I don't believe there is any technicality here at all. The probate limit is whatever anyone controlling the assets of the deceased decides is the threshold for demanding probate. I have heard of a house being sold without probate.

Tuesday_Tenor

DandelionPatrol wrote: »

I don't believe there is any technicality here at all.

Years ago, when I was last an executor, all the probate guidance said you had to get probate for estates over £5000. That no longer appears to be the case; certainly the govuk site no longer mentions it.

DandelionPatrol wrote: »

The probate limit is whatever anyone controlling the assets of the deceased decides is the threshold for demanding probate.

This is true for the release to the estate of cash assets.

However, probate is required for assets in the form of shares or property.
Therefore this surprises me greatly:

DandelionPatrol wrote: »

I have heard of a house being sold without probate.

I suspect some facts are missing here. Are you sure it might not have been a case of joint ownership passing to the sole survivor, and then the survivor deciding to sell?

mattmbr2005

Thank you everyone for your help.

The pension is paying into the estate - which is all left me me anyway. The sum of money is fairly substantial so I'm not surprised they want a grant of probate.... I just hope I can get one easily enough! Now I'm trawling through statements from a year ago to try and remember what assets (money in bank accounts) were paid to me at the time for the tax form!

Thank you everyone.

Matt

mattmbr2005

Next problem!

I'm filling out the tax form to go with the probate form.

Section 9.1 asks me to list the value of any property that was jointly owned and the deceased person's share.

The house was in both our names (letters addressed to me and my dad) as I went onto the mortgage as a guarantor... when he passed away, as I was a guarantor and on the mortgage letters etc... they simply removed his name to put it in my name alone.

Did this make us join tenants? and therefore half the value should go into box 9.1 as my Father's share? It was never mentioned how much each of us owned by me becoming a guarantor....

Thanks, Help! (again!)

Matt