Will, Co-Executors, Property and Probate

Flugelhorn

MIL is trying it on - maybe all sorts of reasons behind this, maybe she thought she ought to be sole beneficiary - who knows?

It could be that the solicitors are actually also named as executors in the will - maybe that is why MIL is keen? Whatever - your wife can't be ignored.

was thinking about an event last year, I had sorted probate DIY (learned everything from this board!!). the carpets in relative;s house were being cleaned prior to sale, the carpet cleaner was telling me that gran had died and mum who worked for a solicitor was getting probate done there .. because that was the only way to do things, was horrified at the thought that someone would do it themselves. they may of course had a discount but it will still take a lot longer

chaotic_j

Hi,

To clarify some points, we were told that some of grans jewellery and bank cards were missing and that accounts had to be closed in case cards were used. It has since transpired the current accounts haven't all been frozen or closed, MIL didn't want to deal with bills or debts due to not inheriting the house so we have done it all. She says she has been gathering information on the amounts held in accounts to give to the solicitor. She can't instruct them without my wife.

We don't know which current/savings accounts have been frozen or actually closed and money withdrawn, MIL has the only copy of the will and all the most recent current/savings paperwork. We have seen the will and requested from her a certified copy along with a death certificate but this hasn't yet been forthcoming.

The solicitors are not executors, it's my wife and MIL as executors and trustees, MIL has advised since due to her debts she is desperate for cash. Would it be a good idea to get the accounts frozen and can my wife do this as a co-executor? presumably MIL wouldn't mind???

Thanks.

chaotic_j

Maisymay1 wrote: »

Hi I just wondered if anyone knows where the cash from a will request/pecuniary comes from if there is no actually cash left. My father left the house to my mother, so technically there is no estate. I wouldnt want my mother to have to sell the house in order to pay out.
Hope this makes sense !

Hi Maisymay1 not sure but this my warrant a new thread..

konark

If MIL wants money quickly to pay her debts why is she insisting on using a solicitor; she won't see penny one before Xmas if she does.

chaotic_j

konark wrote: »

If MIL wants money quickly to pay her debts why is she insisting on using a solicitor; she won't see penny one before Xmas if she does.

We advised it would be far cheaper and quicker to DIY but she seems to be of the mind she is entitled to more than has been left for her.. really she wanted it all to do with as she saw fit!

Don't think MIL trusts us.. I used to be an executor in a previous version of the will...

Flugelhorn

chaotic_j wrote: »

We advised it would be far cheaper and quicker to DIY but she seems to be of the mind she is entitled to more than has been left for her.. really she wanted it all to do with as she saw fit!

Don't think MIL trusts us.. I used to be an executor in a previous version of the will...

I suspect this is the case, she needs to realise that if the solicitors get hold of it she certainly will only get her share and that will be depleted by the solicitors fees.

Your wife can certainly contact the bank and freeze the accounts, though would help to have copy of death certificate. It may be worth you buying one from the registrar if MIL hasn't let you have one yet - if she is short of cash, I would be concerned about what is happening with those accounts at present

chaotic_j

Flugelhorn wrote: »

I suspect this is the case, she needs to realise that if the solicitors get hold of it she certainly will only get her share and that will be depleted by the solicitors fees.

Your wife can certainly contact the bank and freeze the accounts, though would help to have copy of death certificate. It may be worth you buying one from the registrar if MIL hasn't let you have one yet - if she is short of cash, I would be concerned about what is happening with those accounts at present

Thanks Flugelhorn, they do need the death certificate at least so we are getting one and will freeze.. we are concerned also.

Yorkshireman99

chaotic_j wrote: »

Thanks Flugelhorn, they do need the death certificate at least so we are getting one and will freeze.. we are concerned also.

If you think the MIL might try and make a fraudulent probate action you can block it by lodging a caveat with thr ptobate office with a covering letter explaining the situation. It would also be advisable to write a formal letter to MIL explains the probate rules that she cannot make an application on her ow and it is criminal act to do so. Alerrer sent by ordinary post will be best and you must get a certificate of posting. This may seem heavy handed but would help protect the estate.

chaotic_j

Yorkshireman99 wrote: »

If you think the MIL might try and make a fraudulent probate action you can block it by lodging a caveat with thr ptobate office with a covering letter explaining the situation. It would also be advisable to write a formal letter to MIL explains the probate rules that she cannot make an application on her ow and it is criminal act to do so. Alerrer sent by ordinary post will be best and you must get a certificate of posting. This may seem heavy handed but would help protect the estate.

Hi Yorkshireman99, looking at the form would this need to be sent by a solicitor? What kind of costs would we be talking about? Wife has no money to speak of. Thanks.

Keep_pedalling

chaotic_j wrote: »

Hi Yorkshireman99, looking at the form would this need to be sent by a solicitor? What kind of costs would we be talking about? Wife has no money to speak of. Thanks.

Form PA8 is quite simple and you can do it yourself. You can find the form and guidance for filling it in on this link.

https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation