Mutual wills

loulou41

Friend's husband died and a mutual will was drawn years ago leaving everything to each other. The death has been registered and funeral arranged are there any forms she needs to fill? Thanks

Yorkshireman99

loulou41 wrote: »

Friend's husband died and a mutual will was drawn years ago leaving everything to each other. The death has been registered and funeral arranged are there any forms she needs to fill? Thanks

An application for probate has to be made if there was a property involved. Are you sure it is a mutual will or is it two separate but identical wills?

Savvy_Sue

Well ... it's possible she can get away with doing nothing for now, but ...

a) she should notify banks, utilities and other organisations that he has died, and in some cases that may mean filling in forms. If she's now living alone, that will bring a 25% reduction in council tax. If it was his name on the utility bills, there may be forms to fill in then. If everything was joint, it should be simple enough.

b) did they own a house? if so, what are her longer term plans? Who inherits after her death? it may make life simpler if she executes his will (who are the executors?) and transfers the house into her own name, especially if she thinks she may want to sell up.

c) Hopefully when she registered the death, she was offered the very useful "Tell us once" registration, which notifies pensions, dwp etc of his death with one form rather than her having to contact each and every organisation.

Cross-posted with YM. If you're able to say briefly what his will said and confirm whether hers is mutual or mirror and who her beneficiaries we can be more helpful. Sometimes people do nothing in this situation, and then after the second death someone has to execute BOTH wills, which can be very time consuming because values for the estate at the time of the first death have to be established.

Yorkshireman99

Savvy_Sue wrote: »

Well ... it's possible she can get away with doing nothing for now, but ...

a) she should notify banks, utilities and other organisations that he has died, and in some cases that may mean filling in forms. If she's now living alone, that will bring a 25% reduction in council tax. If it was his name on the utility bills, there may be forms to fill in then. If everything was joint, it should be simple enough.

b) did they own a house? if so, what are her longer term plans? Who inherits after her death? it may make life simpler if she executes his will (who are the executors?) and transfers the house into her own name, especially if she thinks she may want to sell up.

c) Hopefully when she registered the death, she was offered the very useful "Tell us once" registration, which notifies pensions, dwp etc of his death with one form rather than her having to contact each and every organisation.

Cross-posted with YM. If you're able to say briefly what his will said and confirm whether hers is mutual or mirror and who her beneficiaries we can be more helpful. Sometimes people do nothing in this situation, and then after the second death someone has to execute BOTH wills, which can be very time consuming because values for the estate at the time of the first death have to be established.

It is crucial she notify the banks etc. and take paid for professional advice.

loulou41

It is a mutual will and even the solicitor commented it is old fashioned. Her husband has appointed her as sole executrix everything goes to her there is a house and a very expensive car and on her death everything goes to the 2 adult children. She cannot change the will. It is very hard on her as her husband dealt with all the finances and bills. She is also elderly. She has taken advantage of tell us once. I do not think she knows she has to apply for probate.

Tom99

[FONT=Verdana, sans-serif]If the house is joint tenants she will not need probate for that, so probate will depend on whether any banks etc in sole name will release funds without it.[/FONT]

Yorkshireman99

Tom99 wrote: »

[FONT=Verdana, sans-serif]If the house is joint tenants she will not need probate for that, so probate will depend on whether any banks etc in sole name will release funds without it.[/FONT]

Fair comment but it is nevertheless important to check. Given the old fashioned will who would bet against him being the sole owner of the house?