How to fund the probate fee

StratfordMatt

I am in the process of trying to help a friend who is the executor of her uncle's estate. He left a will and had more than his banks probate limit in his account at the time of death.

My friend is thus expected to get probate (even though almost all the cash will be paid out in debts for care home fee contributions - the local authority seem to want nearly all his capital - that's another story!). However, she does not have enough money herself to pay for the probate fee and cost of a solicitor.

Can she ask the bank to release enough of the funds to pay for the probate fee and cost of the oath? If not, what is she to do as without probate the bank won't release money and the whole affair is stuck?!

The funeral has already been paid for out of funds the local authority hold because they were handling his affairs via the Office of Public Guardian.

Keep_pedalling

Which bank? And how much are we talking about.

Most banks will release considerable sums, so I guess we are not talking about an insolvent estate here, and he would no longer have been fully self funding once savings had dropped to £23,250,so they won't take every last penny.

The bank should under these circumstances should issue a cheque for £215 Payable to HM Courts and Tribunals Service to cover this. If the net estate is worth under £5000 however there is no fee.

Yorkshireman99

StratfordMatt wrote: »

I am in the process of trying to help a friend who is the executor of her uncle's estate. He left a will and had more than his banks probate limit in his account at the time of death.

My friend is thus expected to get probate (even though almost all the cash will be paid out in debts for care home fee contributions - the local authority seem to want nearly all his capital - that's another story!). However, she does not have enough money herself to pay for the probate fee and cost of a solicitor.

Can she ask the bank to release enough of the funds to pay for the probate fee and cost of the oath? If not, what is she to do as without probate the bank won't release money and the whole affair is stuck?!

The funeral has already been paid for out of funds the local authority hold because they were handling his affairs via the Office of Public Guardian.

As KP says she should be able to get the bank to provide a cheque. However, she does not have to take on the executorship as long as she has not done what is technicaly known as intermeddling in the estate. In which case she can tell the local authority they can apply for letters of administration with the will annexed.

Keep_pedalling

Yorkshireman99 wrote: »

As KP says she should be able to get the bank to provide a cheque. However, she does not have to take on the executorship as long as she has not done what is technicaly known as intermeddling in the estate. In which case she can tell the local authority they can apply for letters of administration with the will annexed.

In her position I would only do it if I, or any of my direct decendants were beneficiaries.

Margot123

StratfordMatt wrote: »

I am in the process of trying to help a friend who is the executor of her uncle's estate...........My friend is thus expected to get probate.........

As has already been said, your friend is NOT expected to apply for probate, and in these circumstances it would be advisable to renounce (or at least reserve) power, and let those in authority deal with the estate.
BTW arranging the funeral and making sure valuable assets are insured are not counted as 'intermeddling'.

Keep_pedalling

Margot123 wrote: »

As has already been said, your friend is NOT expected to apply for probate, and in these circumstances it would be advisable to renounce (or at least reserve) power, and let those in authority deal with the estate.
BTW arranging the funeral and making sure valuable assets are insured are not counted as 'intermeddling'.

We don't know the status of the executor as far as being a beneficiary are concerned. I would not relinquish if I was the main beneficiary, and if not I would rather hand over to the main beneficiary, if they were a close relative to the deceased, rather than the LA whose financial powers over the deceased person ended when they died.

StratfordMatt

I really appreciate the replies thus far. Hadn't thought of asking the bank (Santander) to issue cheque payable to HM Courts & Tribunals Service, I'll pass that on. The Estate is worth more than £5k, and monies in the account are more than Santander's £25k limit.

My friend is the main beneficiary after creditors are paid. I don't think she will want to relinquish administration to the LA given they have already tried to claim far more in care home fees than they should. We've challenged that and already seen a £4K reduction in the alleged debt. More reduction is required.

They are also potentially conflicted given they managed her uncle's affairs as Court of Protection officers prior to his death. There is a claim for repayment of housing benefit from a District Council; due to it being paid out after he went into care home because no-one at Council advised the housing authority. We're in the process of challenging that since care fees plus repaid housing benefit was in danger of wiping out the estate after funeral costs and still leaving debts.

Thanks again.

Yorkshireman99

StratfordMatt wrote: »

I really appreciate the replies thus far. Hadn't thought of asking the bank (Santander) to issue cheque payable to HM Courts & Tribunals Service, I'll pass that on. The Estate is worth more than £5k, and monies in the account are more than Santander's £25k limit.

My friend is the main beneficiary after creditors are paid. I don't think she will want to relinquish administration to the LA given they have already tried to claim far more in care home fees than they should. We've challenged that and already seen a £4K reduction in the alleged debt. More reduction is required.

They are also potentially conflicted given they managed her uncle's affairs as Court of Protection officers prior to his death. There is a claim for repayment of housing benefit from a District Council; due to it being paid out after he went into care home because no-one at Council advised the housing authority. We're in the process of challenging that since care fees plus repaid housing benefit was in danger of wiping out the estate after funeral costs and still leaving debts.

Thanks again.

If her affairs were being managed byan atorney appointed by the court then it was their responsibilty to notify the Council and they may well be laible to the estate for their lack of action.

relaxtwotribes

StratfordMatt wrote: »

There is a claim for repayment of housing benefit from a District Council; due to it being paid out after he went into care home because no-one at Council advised the housing authority. We're in the process of challenging that...

The Council has no money of its own. It is taxpayers money paid in error that they are reclaiming, so why do you think it proper to challenge it?

Yorkshireman99

relaxtwotribes wrote: »

The Council has no money of its own. It is taxpayers money paid in error that they are reclaiming, so why do you think it proper to challenge it?

That is neither relevant or true. The council is a separatre legal entaty. In any case it would seem that the money was paid because the person did not have the legal capity to tell the council and tthse acting on their behalf failed in their duty.