Guide discussion: Probate: How to do it yourself

JGB1955

Breynia said:

Not sure if this is the right place to post this but I’m in desperate need of help. 

My mother died in September after being coerced (I believe) by my gambling and cocaine addicted son, into changing her will. Not particularly bothered by this but she left myself, two daughters and said son as executors. On getting hold of her banks statements, I find out that my son had transferred 17k from her Barclays account and 75k from her Lloyd’s account in the three months preceding her death, to himself,  He had previously persuaded her to do online banking so had all her passwords. He was very clever, as by transferring the money in blocks of around 2/3k at a time from her current accounts, into her savings accounts, then into his account, the banks didn’t flag it up as unusual activity (big loophole in bank security there, so beware)
he is now refusing to sign anything even tho my mother bought a flat for him and his kids and had left it to them in her will. My problem is, can I go ahead and apply for probate and sort the tax out, without his signature? I also need to find out how to remove him as an executor without spending an arm and a leg on solicitors. I’ve involved the police but they are powerless because my mother is now dead (even though one transfer was done whilst she lay dying in hospital) 

You need to start your own thread, otherwise the answers to your query, and those of the original, will all get muddled.

kevinamanda1

My brother named me his next of kin before he passed away last November.Leaving me to sort out all his financial affairs from his bank account, life insurance and his funeral which I have already done.

I didn't require probate as there was no property and not enough money. He didn't leave a will and as far as we know he has three adult children, although there maybe others we don't know about, also I am not sure if he was still married.

My question is.Would putting a notice in the London Gazette and the local paper,allowing all who feel they have a claim to come forward with proof of eligibility within the allotted time,ie;1month.Would be deemed enough to legally distribute funds .

JGB1955

kevinamanda1 said:

My brother named me his next of kin before he passed away last November.Leaving me to sort out all his financial affairs from his bank account, life insurance and his funeral which I have already done.

I didn't require probate as there was no property and not enough money. He didn't leave a will and as far as we know he has three adult children, although there maybe others we don't know about, also I am not sure if he was still married.

My question is.Would putting a notice in the London Gazette and the local paper,allowing all who feel they have a claim to come forward with proof of eligibility within the allotted time,ie;1month.Would be deemed enough to legally distribute funds .

You also need to start your own thread, otherwise the answers to your query, and those of the original, will all get muddled.  However, just as a starting comment, if your brother died intestate his estate would pass to his wife (if they were still married) and to his children otherwise.

qp1234

Hi ,could really do with advice .My mum died a few weeks ago and my brother wants to go with a firm that deals with probate and selling of house on line miles away from where I live .He doesnot want to go with a solicitor due to costs
When searched online the firm is only registered with ffb ,2 years old and has company asserts of £21,000.
Any advice

Frogletina

qp1234 said:

Hi ,could really do with advice .My mum died a few weeks ago and my brother wants to go with a firm that deals with probate and selling of house on line miles away from where I live .He doesnot want to go with a solicitor due to costs
When searched online the firm is only registered with ffb ,2 years old and has company asserts of £21,000.
Any advice

Who is the executor of the account? Probate can be done without a solicitor or other professional help, and you'd only need a solicitor for the sale of the house.

qp1234

Frogletina said:

qp1234 said:

Hi ,could really do with advice .My mum died a few weeks ago and my brother wants to go with a firm that deals with probate and selling of house on line miles away from where I live .He doesnot want to go with a solicitor due to costs
When searched online the firm is only registered with ffb ,2 years old and has company asserts of £21,000.
Any advice

Who is the executor of the account? Probate can be done without a solicitor or other professional help, and you'd only need a solicitor for the sale of the house.

Frogletina said:

qp1234 said:

Hi ,could really do with advice .My mum died a few weeks ago and my brother wants to go with a firm that deals with probate and selling of house on line miles away from where I live .He doesnot want to go with a solicitor due to costs
When searched online the firm is only registered with ffb ,2 years old and has company asserts of £21,000.
Any advice

Who is the executor of the account? Probate can be done without a solicitor or other professional help, and you'd only need a solicitor for the sale of the house.

My brother and I am executor of account but my brother will not even consider doing it ourselves,he just wants it over as quick as possible and to let Maplebrook do the lot .Its only a tiny bungalow and not worth a lot ,thanks

Mojisola

qp1234 said:

My brother and I am executor of account but my brother will not even consider doing it ourselves,he just wants it over as quick as possible and to let Maplebrook do the lot .Its only a tiny bungalow and not worth a lot ,thanks

You should be able to do the job faster than any solicitor or probate firm.

Frogletina

Mojisola said:

qp1234 said:

My brother and I am executor of account but my brother will not even consider doing it ourselves,he just wants it over as quick as possible and to let Maplebrook do the lot .Its only a tiny bungalow and not worth a lot ,thanks

You should be able to do the job faster than any solicitor or probate firm.

I agree. The forms are simple to fill in and any queries with doing that are quickly solved with a call to the probate office. 

JGB1955

You can definitely apply for probate faster than a solicitor will - the solicitor will be asking you for all the answers to the questions that you can answer (and submit) yourselves.  There is no motivation for the solicitor to act expeditiously - you will be just one of tens of files on their desk.  DIY cost? £215. Solicitor cost....hundreds, if not thousands, of £.

4ideas

What to do when a wrong undervaluation of property was given on the Probate. The executor did not discuss the property value with the beneficiaries. The property was sold 8 months later at 25% higher price than listed in Probate but the estate was still under the IHT threshold.