how long after a death can probate be granted

lorhen1966

My late father died in 2001 and at the time we didn't need to apply for probate because he had already made sure that all his assets were in joint names with my mother and that there was nothing left in his sole name. I have been helping her with PPI claims and she has successfully won one in dads sole name so the company are asking for a copy of the will or the grant of probate. It was HSBC Trust Co that the will was arranged through, who no longer exist and all efforts to track down the original via that route have been exhausted nor do we have a copy which is really strange because I have a copy of my mothers mirror will which was done at the same time. The company haven't disclosed the amount of compensation of the claim yet so I don't know if it is over £5000. Any suggestions please?

Margot123

Why do they need to see your Father's will? If you can show that everything was left to your Mother in a mirror will, then they shouldn't need to see it. Ask them on what basis do they need to see it.

lorhen1966

this was my exact response but my mother is getting herself in a state about it because they wont release funds

getmore4less

Margot123 wrote: »

Why do they need to see your Father's will? If you can show that everything was left to your Mother in a mirror will, then they shouldn't need to see it. Ask them on what basis do they need to see it.

Saying they were mirror wills does not provide evidence they were mirror wills at the time of death either could be changed at any time.


If you cant produce a will and they insist on seeing a grant then letters of administration will be needed.

Tom99

Just tell them there was no will

Keep_pedalling

I can understand why they need to see this otherwise they have no proof of who is entitled to receive the compensation.

Margot123

I'd be weighing up whether or not the hassle is actually worthwhile. If there is stress now, it will only get worse before it gets better. Unless the amount is likely to be substantial, or desperately needed, then maybe reconsider.

Keep_pedalling

Even though you did not go through probate you should have recovered the will from HSBC, and if you don't have the will you can't apply for probate.

Applying for letters of administration under intestacy rules would be dishonest, and if your father's estate was over £250k would lead to other complications as your mother would not be entitled to the whole estate. It is almost certain that you no longer have sufficient financial information to do this anyway and after so many years bank statements will no longer be available.

For your mother's piece of mind I would simply drop it.

lorhen1966

thank you all for your replies - I reckon my best bet is to try and appeal to their common sense and explain the situation and if the payment is less than £5000 ask them to make it payable to my mother.

FreeBear

Keep_pedalling wrote: »

and if your father's estate was over £250k would lead to other complications as your mother would not be entitled to the whole estate.

Bear in mind, it would be the rules of intestacy that were in force in 2001 that would apply if there had been no will. The current statutory legacy of £250K (£450K if no children) came in to force 1st Feb 2009.

Keep_pedalling

lorhen1966 wrote: »

thank you all for your replies - I reckon my best bet is to try and appeal to their common sense and explain the situation and if the payment is less than £5000 ask them to make it payable to my mother.

Regardless of how much it is they need proof of who the rightful beneficiary or executor is, and you can't do that.