Grant Of Probate - DIY ???

Owain_Moneysaver

AnotherJoe wrote: »

So to slightly disagree with Owain, AIUI publishing the notice only protects the executor not the beneficiaries. Debts still have to be paid.

Without the published notice and waiting period, there is a risk that any bequests paid out to beneficiaries might have to be called back in by the executor to meet any unexpected debts. This might be awkward if (some of) the beneficiaries have spent their bequest or refuse to return it.

AnotherJoe

Owain_Moneysaver wrote: »

Without the published notice and waiting period, there is a risk that any bequests paid out to beneficiaries might have to be called back in by the executor to meet any unexpected debts. This might be awkward if (some of) the beneficiaries have spent their bequest or refuse to return it.

Agreed that's why I said it works in a family friendly situation - and I should have added a rider, that they understand the small possibility of this happening. The point being it's only the executor that is protected, and if the executor(s) are also the beneficiaries they don't really gain by publishing notices, and may get unwanted hassle and even attempted fraud by publishing.

Pimpslider

Again, thanks all.

Myself AND my Brother are the Executors and it is my Mum who will be the beneficiary (not seen the Will directly yet) so no Inheritance Tax.
We just want to get everything sorted so my Mum can live!
We are a close family and just want it sorted out for her.

Thanks.

Flugelhorn

If it is all fairly straightforward (and sounds like it is) you might want to consider either you or bro reserving (or whatever they call it) executor rights - means that only one has to swear oaths and sign stuff.

AnotherJoe

Flugelhorn wrote: »

If it is all fairly straightforward (and sounds like it is) you might want to consider either you or bro reserving (or whatever they call it) executor rights - means that only one has to swear oaths and sign stuff.

Good point, that's what we did, my brother reserved rights, I did it all.

Tedz1

DIY Probate - WARNING!

I'm in the same position as the original poster but a word of warning for anyone handling an estate that will mean dealing with National Savings and Investments - premium bonds, ISAs etc.

When you complete the probate application you pay the fee having indicated the number of copies of the probate you require. When it arrives you will receive those x number of embossed copies of the grant of probate AND one embossed copy of the will - they keep the original.

If you're dealing with NS&I you'll notice that on their form the first thing they want to see is a certified copy of the will EVEN THOUGH YOU HAVE PROBATE. That means that your one and only Court issued embossed copy of the will now has to be sent off to Glasgow. That's why the NS&I form explains how to get certified copies of the will. In my case I rang one Solictor round the corner and she said she'd provide 5 for £25 and I declined. I rang another around the other corner and negotiated a discount rate of £15 and got my certified copies.

The Probate Application doesn't tell you this, but the law says that you are entitled to a copy of everything that is handed into the Probate Office as part of your application. Those copies are either embossed with the Court Stamp or are certified copies (again, the law says those are the only copies the probate office can issue). The annoying thing is that there is also a fixed price for those copies. It's set at 50p each if requested at the time of the application. So, if I'd known then what I know now I would have completed the probate application and asked for the 5 copies of the probate. The cost would have been £217.50. I would have enclosed payment of £220.00 and with a covering letter explained that the £2.50 extra was for 5 certified copies of the will.

That would have saved me a lot of extra cost and chasing around. You can get Court issued copies of the will after you've got probate but the cost after grant is £10 for the first copy and 50p for each subsequent one.

I've contacted the Probate Office about this but they've said that NS&I should accept the probate as it's the ultimate authority. Yes, but try telling them that as they want the certfied copy before they do anything and "may ask for the probate" at a later date.

So - ask for certified copies of the will from the Probate Office at the same time as applying for grant of probate.

The process was fast. Day 1, I handed in the probate application and IHT forms. Day 7, my sister and I went to the Probate Office to make the oath. Day 14 I checked online and it had been granted that day, with the paperwork arriving the following day.

Yorkshireman99

Tedz1 wrote: »

DIY Probate - WARNING!

I'm in the same position as the original poster but a word of warning for anyone handling an estate that will mean dealing with National Savings and Investments - premium bonds, ISAs etc.

When you complete the probate application you pay the fee having indicated the number of copies of the probate you require. When it arrives you will receive those x number of embossed copies of the grant of probate AND one embossed copy of the will - they keep the original.

If you're dealing with NS&I you'll notice that on their form the first thing they want to see is a certified copy of the will EVEN THOUGH YOU HAVE PROBATE. That means that your one and only Court issued embossed copy of the will now has to be sent off to Glasgow. That's why the NS&I form explains how to get certified copies of the will. In my case I rang one Solictor round the corner and she said she'd provide 5 for £25 and I declined. I rang another around the other corner and negotiated a discount rate of £15 and got my certified copies.

The Probate Application doesn't tell you this, but the law says that you are entitled to a copy of everything that is handed into the Probate Office as part of your application. Those copies are either embossed with the Court Stamp or are certified copies (again, the law says those are the only copies the probate office can issue). The annoying thing is that there is also a fixed price for those copies. It's set at 50p each if requested at the time of the application. So, if I'd known then what I know now I would have completed the probate application and asked for the 5 copies of the probate. The cost would have been £217.50. I would have enclosed payment of £220.00 and with a covering letter explained that the £2.50 extra was for 5 certified copies of the will.

That would have saved me a lot of extra cost and chasing around. You can get Court issued copies of the will after you've got probate but the cost after grant is £10 for the first copy and 50p for each subsequent one.

I've contacted the Probate Office about this but they've said that NS&I should accept the probate as it's the ultimate authority. Yes, but try telling them that as they want the certfied copy before they do anything and "may ask for the probate" at a later date.

So - ask for certified copies of the will from the Probate Office at the same time as applying for grant of probate.

The process was fast. Day 1, I handed in the probate application and IHT forms. Day 7, my sister and I went to the Probate Office to make the oath. Day 14 I checked online and it had been granted that day, with the paperwork arriving the following day.

NS&I are notorious for this. I suggest making a formal complaint to your MP as they really need this to force them to change their ways.

Owain_Moneysaver

The other approach is to get a few certified copies of the Will before you send the original to the Probate Office.

I can't remember if NS&I needed a copy Will when I executed an estate but they certainly released funds before Grant of Probate. This may depends on the amount though.

Flugelhorn

I got a certified copy of the will from a solicitor for £5.... just in case it got lost somewhere ie the post or the probate office

badger09

Just to add my very recent experience.

I'm joint executor of my late sister's will. 2nd executor is happy for me to do all the legal stuff so 'reserved power', which makes it easier.

I got several certified of the death certificate and also arranged some certified copies of the will. Despite saying they definitely needed Probate, NS&I released funds on production of these.

Although there is no IHT to pay, I had to complete the more complicated IHT400 & 11 schedules, because of a life interest trust. There really was no need for such a trust, which brings its own complications, due to lack of any documentation. There would have been no IHT to pay if the trust had never existed.

I printed off a copy of all the forms I needed & completed them in pencil - just so I could get my head around flitting between the various forms & how they interacted. Once happy with the figures, I completed the forms online & saved as PDFs.

This avoided any arith errors but I still had to change things as DWP have done nothing to calculate overpayment, despite being notified of the death on 15 March. A late notice of a council tax refund also arrived.

Forms were posted on 21st and I'm keeping everything crossed.