Will, probate and difference of opinion :(

Shelldean

Depending on the value of bank accounts some banks will not release the fund without grant of probate. If the funds are low sometimes they accept the death cert. But if funds are higher then the grant is required.

getmore4less

In practice as long as someone administers/gets the grant a bit of intermeddling is not that big an issue.

Debt do not have to be paid from an executors account.

You can do an estate inventory and as long as there is enough money to pay the debts you can collect the assets through your account and pay the debts from there.

Just keep good records of the estate.

Even though you probably can administer yourself get charges information from the solicitor for any work you may want them to do even getting further advice.

if Selling the house then you may want to engage solicitors to do the conveyance for that.

Once the other relative realises there is nothing more in it for them they may decide the work involved is not worth the effort.

littlehobbit

Thanks to everyone that has replied. I certainly feel clearer on the way forward, with more confidence in myself and what is the right thing to do. I really do appreciate all your replies, I honestly do.

I have been documenting everything I have been doing, any receipts etc, who I have called and when etc so everything is accounted for along the way and will continue to do so.

It is certainly a very big learning curve for me, but I feel that my relative trusted me to do this, and I am going to do it right to the best of my ability.

Yorkshireman99

littlehobbit wrote: »

Thanks to everyone that has replied. I certainly feel clearer on the way forward, with more confidence in myself and what is the right thing to do. I really do appreciate all your replies, I honestly do.

I have been documenting everything I have been doing, any receipts etc, who I have called and when etc so everything is accounted for along the way and will continue to do so.

It is certainly a very big learning curve for me, but I feel that my relative trusted me to do this, and I am going to do it right to the best of my ability.

You need to make sure you are not emotionally blackmailed. It might cost but maybe getting professional help from a solicitor. You may be able to do all the donkey work and just get them to do the difficult stuff.

wwl

Shelldean wrote: »

Depending on the value of bank accounts some banks will not release the fund without grant of probate. If the funds are low sometimes they accept the death cert. But if funds are higher then the grant is required.

Limit for this is typically £20-25K, but some institutions won't even release much small amounts without grant.

Incidentally, once the the other exec realises they won't be getting any of the residue after the named items, it's possible that may out of spite try to be obstructive. If this is the case they may need reminding that they may be personally liable for any losses (e.g. lost interest) that may occur as a result.

littlehobbit

wwl wrote: »

Limit for this is typically £20-25K

I believe that there is enough to cover the funeral expenses and a little more left over in the account, which would be well under that limit. I think its probably the property which will require the grant of probate.

wwl

littlehobbit wrote: »

I believe that there is enough to cover the funeral expenses and a little more left over in the account, which would be well under that limit. I think its probably the property which will require the grant of probate.

Banks will usually pay funeral costs direct anyway regardless of any other factors, as there is no question of other debtors having priority.

Savvy_Sue

littlehobbit wrote: »

Next big thing is to try and sort out house insurance for an unoccupied house. I have a feeling his current insurance may be a bout to lapse

You may find that it lapsed on the date of death. I'd suggest a phone call to the current insurer. You'll have to confirm that the house is being inspected at least weekly, and that either the heating's left on or the system's been drained down.

If you want to stay on good terms with the other executor / beneficiary, then is it worth trying something along the lines of "I know you and Fred and Freda and the rest of the family agree with you and not me about this probate business, but I would feel so much happier if we could just check together what we have to do. A half-hour appointment should do the trick and then we can carry on dealing with the estate ourselves."

I'd have identified a suitable solicitor and possibly even made the appointment before such a conversation ...

The other thing is that if you are a member of a trade union, or have legal cover on your house insurance, you should be able to get a free half-hour phone consultation. It won't be detailed, and it won't cover writing a letter, but it would confirm whether your understanding of the matter is correct! FWIW, I think it is!

G_M

The will is clear:
* Specific named items go to the Beneficiary named.
* Anything else ("the residue") ie anything not specifically listed above goes to the Beneficiary named as receiving the residue.
* Nothing goes to un-named people (whether family or whoever)
* Nothing goes to Executers (unless they are also named as beneficiaries above) except reasonable expenses they incur in managing the Estate

You will need Probate:
* certainly to transfer or sell a property
* probobly to release funds from a bank

Read & get forms from:

https://www.gov.uk/wills-probate-inheritance/overview

I recently applied for Probate myself. There were 3 named Executers but the other 2 left it to me. I entered them both on the PA1 as "Executers with powers reserved" the grant of Probate then came to me, in my sole name.

You need to:
* keep clear accounts of what you spend as executer
* get a clear list of assets/values (statement from each bank, investment company etc of the value at the date of death; value of property; value of contents, car, boat, whatever)
* based on that, decide whether Inheritance Tax applies - it must be paid first

Good luck with the relatives!

konark

Your relative is taking you for a mug! She can read the will but can't be bothered to read even the most basic book on wills and probate. She is either irredeemably stupid or , more likely, thinks that you're such a soft touch that you'll believe any rubbish she says.