Will, Co-Executors, Property and Probate

Yorkshireman99

You can do it yourself. You need to google form PA8A and read what the .Gov site says that includes notes. I have just read the form and you can easily do the form without any help.

Flugelhorn

£20 -

you can do it yourself - cost £20. As it is, MIL can't get probate without your wife signing the forms. The Caveat would come in if you felt that MIL might try to get probate / forge signatures etc

chaotic_j

Hi,

Wife doesn't think MIL would forge signatures to get probate.

We will freeze bank account once we have death certificate and try to get recent transactions, direct debit list etc.

We are getting a certified copy of the will.

We have been told by a friend when a solicitor is advised a client has passed away they usually arrange a meeting with the executors to clarify the will points - is this correct?

If we were to ask the solicitor for a copy of the notes from when the will was created, (in the hopes it's clearer who is to receive which house contents) how likely is it they would provide?

We have read about a Larke v Nugus request. Would that approach be too heavy handed?

Many thanks.

troubleinparadise

chaotic_j wrote: »

Hi,

We have been told by a friend when a solicitor is advised a client has passed away they usually arrange a meeting with the executors to clarify the will points - is this correct?

That’s not been my experience. Indeed, I was informed on the phone when I arranged to collect the will that there would be a charge for that! That was waived....

I can’t see a non-executor solicitor sitting down with other executors free of charge to clear up any questions they might have!

chaotic_j

Hi,

I visited the banks with a death certificate to close current accounts, my wife also wanted statements, a direct debit list, balance and other account details.

Bank 1 made a copy of death certificate and froze the account but said of the other information they needed an appointment with my wife to provide it. We have made one but it's very inconvenient.

I had a signed letter of authority from my wife to act on her behalf, copy of the will certified by a solicitor, both our ID and proof of address but even despite me being persistent they were not interested in seeing any of this.

Bank 2 were very much the same but again after I persisted, they took a copy of the letter of authority, will and both our ID and said they could print the information off but it would take 30 minutes so instead are posting it to my wife.

Were Bank 1 correct to not provide any information at all? I was really unimpressed.. on the phone one evening they said I could deal with everything, are they all badly informed?

Thanks

badger09

chaotic_j wrote: »

Hi,

I visited the banks with a death certificate to close current accounts, my wife also wanted statements, a direct debit list, balance and other account details.

Bank 1 made a copy of death certificate and froze the account but said of the other information they needed an appointment with my wife to provide it. We have made one but it's very inconvenient.

I had a signed letter of authority from my wife to act on her behalf, copy of the will certified by a solicitor, both our ID and proof of address but even despite me being persistent they were not interested in seeing any of this.

Bank 2 were very much the same but again after I persisted, they took a copy of the letter of authority, will and both our ID and said they could print the information off but it would take 30 minutes so instead are posting it to my wife.

Were Bank 1 correct to not provide any information at all? I was really unimpressed.. on the phone one evening they said I could deal with everything, are they all badly informed?

Thanks

I think so, yes.

With respect, unless the banks had something with which to compare your wife's signature, that letter of authority for you to act could have been written by anyone.

Did you contact both bank's Bereavement departments for advice? They are trained to deal with such situations whereas local branch staff are not. In my recent experience, Bereavement team staff were very helpful and efficient.

chaotic_j

Hi badger09,

We have tried to get a list of accounts and balances, plus recently closed accounts from another bank but they would not provide any information.

Despite my wife being a customer of theirs and me having a signed letter of authority (they could compare to the signature they hold on file for her) both of our ID, proof of address, solicitor certified copy of the will and death certificate..

I called the bereavement team first who told me to go in with a copy of the will as they had no details for my wife and 'things had already started to happen' whatever that means!

Another one of the banks when we called the bereavement team said that they will not discuss with anyone other than the person who registered the bereavement.

Unfortunately MIL refuses to provide info/copies of what the banks have given her.

As a side note, if my wife has been sent some cheques in her name as refunds for cancelled services - what do we do with these? Should she bank them and keep a record in a spreadsheet?

Thanks in advance.

badger09

chaotic_j wrote: »

Hi badger09,

We have tried to get a list of accounts and balances, plus recently closed accounts from another bank but they would not provide any information.

Despite my wife being a customer of theirs and me having a signed letter of authority (they could compare to the signature they hold on file for her) both of our ID, proof of address, solicitor certified copy of the will and death certificate..

I called the bereavement team first who told me to go in with a copy of the will as they had no details for my wife and 'things had already started to happen' whatever that means!

Another one of the banks when we called the bereavement team said that they will not discuss with anyone other than the person who registered the bereavement.

Unfortunately MIL refuses to provide info/copies of what the banks have given her.

As a side note, if my wife has been sent some cheques in her name as refunds for cancelled services - what do we do with these? Should she bank them and keep a record in a spreadsheet?

Thanks in advance.

I think you're adding an additional (unnecessary?:cool:) layer, to what is already a fraught process because of behaviour of MIL, by acting on your wife's behalf. But that's your wife's choice.

I'm confused by the number of banks involved:

Bank 1: have frozen gran's account
will provide outstanding information at scheduled appointment with your wife

Bank 2: have frozen gran's account?
will post outstanding information to your wife

Is there a Bank 3?:
"Another one of the bank's ..... bereavement team will not discuss"

I'm not surprised they say they won't discuss over the phone with anyone other than the person who notified them, but if your wife sends proof that she is executor, they will provide what she needs.

Re cheques: my advice would be for your wife to open a new account with her existing bank. That account should be used only for income and expenditure relating to gran's estate. Opt for a cheque book and paper statements. The cheques can then be paid into that. A spreadsheet is also good idea.

Someone:cool: needs to have a straightforward conversation with MIL. If your wife isn't able to have it and you feel that MIL wouldn't listen to you, you need to find someone she will listen to. And soon.

chaotic_j

Hi,

We found some paperwork where gran has hand written that the account belongs to MIL, the amount is very low but purely out of interest does this handwriting increase MIL's share of the residual estate by that amount or is it ignored as it isn't mentioned in the will?

There is disagreement over who the personal effects have been left to, if wife was to change the locks would we be obliged to give MIL a key?

Regards the banks there are several, the one that wouldn't discuss said even if wife went to see them in person they wouldn't speak to her, only the person that notified them of grans passing..

The other said if wife went with documents they would give the information she wanted but I went and even though I had a letter of authority and all other documents they said an appointment was needed as they had to compare wifes face to her ID or something.. wife doesn't like official appointments which is why she asked me to try and deal with it..

Thanks.

chaotic_j

Hi,

Is it possible to claim unused inheritance tax allowance from wife's grans husband who passed away in the late 1980's?

A search online brings up no result for probate, we haven't found a will. What would we need as proof for the exemption?

Why would a solicitor not suggest using the main residence exemption which would cover the full value of the property?

Many thanks.