Will, probate and difference of opinion :(

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  • Savvy_Sue
    Savvy_Sue Posts: 46,061 Forumite
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    edited 17 January 2016 at 11:32PM
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    If you can either visit regularly to inspect the property, or get someone reliable to do it for you, then I personallly wouldn't drain the system etc: there is nothing worse than visiting a cold property at this time of year, unable even to make a cup of tea.

    Once it is on the market, the estate agents may well be willing to do the inspection for you (ours was).

    Mum had also had a gardener and a cleaner, and we kept both on initially, gardener until the house had sold.

    An auction house and a house clearance service were both worth their weight in trips to the tip we didn't have to do!
    Signature removed for peace of mind
  • littlehobbit
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    Thanks again for replies. Yes the will appears official, not that I have ever seen one before tbh.

    It is signed and has witnesses and appears to have been written by a solicitor (with all the legal speak), although it doesnt state the name of the solicitor.

    It is typed up as a unique document, rather than a 'bought' template diy type thing if that makes sense.
  • littlehobbit
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    Savvy_Sue wrote: »
    If you can either visit regularly to inspect the property, or get someone reliable to do it for you, then I personallly wouldn't drain the system etc: there is nothing worse than visiting a cold property at this time of year, unable even to make a cup of tea.

    There isnt any central heating, just a gas fire :( When I said drain the water I was meaning turn the water off and drain the water tanks in the loft so we dont get burst pipes in the winter. I'll take advice about it first from the insurers as to what their conditions are though :)
  • Froglet
    Froglet Posts: 2,796 Forumite
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    I work for an estate agent and we advise all vendors of empty properties to drain the system down to avoid burst pipes.As there is only the gas fire you obviously can't leave the heating on low.

    One vendor flatly refused to take advice but lived to regret it when I opened the door to his empty property one utterly cold morning to water gushing down the hall to greet me,with post floating along.......
  • theoretica
    theoretica Posts: 12,318 Forumite
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    Yes I agree that I probably have been left more than the other person, that was what my relative wished I guessed :(

    Sometimes life assurance payments go to people names in the policy, and are not part of the estate paid out under the will. You will need to confirm this.

    If the will was written quite a while ago it is possible that the current situation is not what your relative wished. Changing house prices and life situations mean that the relative value of the bequests may have changed considerably. If you want to you can give a portion of your inheritance away to the other beneficiary, but only if you want to. This may have consequences for you if you are claiming any means tested benefits.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • jackyann
    jackyann Posts: 3,433 Forumite
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    I was thinking that, theoretica. If I was OP, I might do that if I thought it was the deceased's intention; but OP has given no indication of that & the co-executor is going all the wrong way about getting OP's sympathies!

    As we don't know what the named items are (and I guess they may be identifiable) we don't know how their value compares to the rest of the estate. But it is unusual for most people to have items anywhere near the value of the house.
    If this was one of those odd scenarios such as a childhood stamp collection being the resting place of a Penny Black, then I think OP would be aware, through the insurance if nothing else.
  • littlehobbit
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    jackyann wrote: »
    I was thinking that, theoretica. If I was OP, I might do that if I thought it was the deceased's intention; but OP has given no indication of that & the co-executor is going all the wrong way about getting OP's sympathies!

    As we don't know what the named items are (and I guess they may be identifiable) we don't know how their value compares to the rest of the estate. But it is unusual for most people to have items anywhere near the value of the house.
    If this was one of those odd scenarios such as a childhood stamp collection being the resting place of a Penny Black, then I think OP would be aware, through the insurance if nothing else.


    Thanks for replies again. The will is fairly recent, I am concerned about naming what the 'items' are. I do not mean to be elusive, just concerned that other family members may come across the thread too and know who I am.

    In some ways it might help if they do, as it would certainly help them to understand that we do need probate etc. However I fear it would do nothing for our relationship, as family members or co-executors. I hope you understand that.

    I was hoping to take an inventory of the items soon, however I have been informed that the other executor has already taken them. Not quite sure how I stand with applying for grant of probate now

    At a VERY rough guess, and only a guess mind you, I would think that the items are worth 10th of the value of the house, so yes, a very different value, unless one of the items, like you say, is a 'penny black' type thing, that I will never know as they are gone. But Penny blacks or not, I never saw them as mine at all as they were left to the other executor.

    Should I offer the other executor half of the estate? At the moment I still cant see that as mine anyway.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    In some ways it might help if they do, as it would certainly help them to understand that we do need probate etc.

    You have to go to probate because there is a property.
  • wwl
    wwl Posts: 316 Forumite
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    Not quite sure how I stand with applying for grant of probate now
    No different.



    Should I offer the other executor half of the estate? At the moment I still cant see that as mine anyway.
    Why on earth would you do that? Get the probate sorted out first and if you want to give some of it away afterwards that's fine.
    The priority is ensuring the other executor doesn't do anything to mess things up, and to establish if they are being ignorant or malicious.
    If it turns out later that a sweetener would help to move things smoothly, then fine, but don't do anything until you know the situation better.
  • littlehobbit
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    theoretica wrote: »
    Sometimes life assurance payments go to people names in the policy, and are not part of the estate paid out under the will. You will need to confirm this.

    Thanks, Thats a good point, I had not remembered that, I will double check that with the company. I will pass it on if thats the case. Note it down but not count it as an asset for the estate as such.
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