Will, probate and difference of opinion :(

littlehobbit

wwl wrote: »

No different.
.

What I mean is, I can not now do a correct inventory as the things have been taken. I doubt I will be given a complete list to enable me to establish individual value. I think several of them could be individually worth £500+ each.

(The will did not itemise everyting individually, just said 'my collection of' if that makes sense)

wwl

littlehobbit wrote: »

What I mean is, I can not now do a correct inventory as the things have been taken. I doubt I will be given a complete list to enable me to establish individual value. I think several of them could be individually worth £500+ each.

(The will did not itemise everyting individually, just said 'my collection of' if that makes sense)

I don't see a problem - if they have taken the items that are listed as due to them in the will, that's not a big deal. If they have taken anything else (that was due to you), that may be technically theft if they intend to keep them, If anything it strengthens your position as they are personally liable for these losses, and there can be no question that you have deprived them of any of the named items.

littlehobbit

wwl wrote: »

I don't see a problem - if they have taken the items that are listed as due to them in the will, that's not a big deal. If they have taken anything else (that was due to you), that may be technically theft if they intend to keep them, If anything it strengthens your position as they are personally liable for these losses, and there can be no question that you have deprived them of any of the named items.

ah, maybe thats ok then. I thought that I had to do an inventory, (including things left to both beneficiaries) and anything individually worth more than £500 needed to be valued when applying for grant of probate, that was my main concern. Maybe I can just estimate their worth.

Yorkshireman99

littlehobbit wrote: »

ah, maybe thats ok then. I thought that I had to do an inventory, (including things left to both beneficiaries) and anything individually worth more than £500 needed to be valued when applying for grant of probate, that was my main concern. Maybe I can just estimate their worth.

There is no hard and fast rule though some claim there is. Unless the estate is going to be near the IHT threshold then you don't need to be too accurate but you should make a reasonable effort. There is always the risk that there will be something unusually valuable that you might miss. If in doubt take it to a local saleroom as many of them offer a free valuation service for individual items.

wwl

The only times that the value matters are if near/over ITH threshold, if the deceased was receiving means-tested benefits, or if the will splits the estate proportionally to multiple people. Other than that it doesn't really matter.

littlehobbit

So much to learn! Thanks to all of you for being so patient and helpful replying to my questions (which must seem silly questions at times for all you knowledgeable folk.) Hopefully I now feel much more equipped to face next week and start the process properly.

jackyann

Thanks littlehobbit - I was aware that was the reason you weren't telling us - irrelevant really, but I think we get interested in this stuff, which is why it's nice when OPs come back to update us.

I certainly wouldn't offer your co-executor anything yet. When all is clear & sorted from the will / probate / executor stuff - then think about how you feel. This has not been a good experience - usually family members help each other through probate & distribution, not interfere & mislead.
I wonder if there is another family member or friend who could help you talk it through, but put your legal responsibilities first.

And it's OK to give estimates for most things - if you can't take them to a saleroom or get them valued then do some sort of "guess" and it only matters, as wwl says, if it may make a significant difference.

I always suggest talking to the Probate Office for any queries - I found them very helpful and so have lots of posters.

Good luck!

Yorkshireman99

littlehobbit wrote: »

So much to learn! Thanks to all of you for being so patient and helpful replying to my questions (which must seem silly questions at times for all you knowledgeable folk.) Hopefully I now feel much more equipped to face next week and start the process properly.

Never be afraid to ask. We all had to start from scratch. Speaking personally I hate to see people ripped off particularly by greedy relatives.

getmore4less

if there is a collection of items worth 10% of a house it would have been sensible for them to have been insured that may be an angle to get a value.

Might be other info on the insurance policy.


.......
One thing I will add is this process is not a quick one, when you get into it you want things o move quickly but letters take time so you get periods of action then a waiting game before another round of action.


No problem staying anon by keeping the details back.


Another angle(probably a step too far and not on your list) if you take the house and the other named distributions what's left after the debts(if any).

if not a lot you could think the hassles of doing the job properly is too much, take the house and leave the other executor with the job and hope they don't mess up getting the house handed over.
(might be a risk to far given what you have said so far)

littlehobbit

getmore4less wrote: »

if there is a collection of items worth 10% of a house it would have been sensible for them to have been insured that may be an angle to get a value.

Might be other info on the insurance policy.

I am hoping that this is the case if I can find any insurance documents, or contact the insurance company I may find they have listed the expensive items and insurance value. as I said though, thats a very rough guess, so the % may be less than I guessed.

As for leaving them to sort it out. Im not sure I could, it would just go to a stalemate. As they have taken their items, without my intervention to progress things properly, they would have no incentive to progress at all

I am in for the long hawl I know. However I have been trusted by my relative to carry this out, with or without the other executor, and trusted with more or less their life savings, which is an honour that I never expected or anticipated, so I would like to stick with it and do the right thing.