Need Help Landlord questions

princeofpounds

I will be doing but I can’t until I get the death certificate so I can go to the bank and speak to them.

Why do you need to speak to the bank to find out if a will exists or not? Did he have a safety deposit box?

Ask your mother. Ask your family lawyer (if you have one). Look through his documents.

Comms69

Carl2510 said:

greatcrested said:

Carl2510 said:

Comms69 said:

Carl2510 said:

princeofpounds said:

Are you the executor of the estate?

Does that mean next of Kin? If yes then kind of it will be my mum. So I will be helping.

No it means, in his will who is executor?

I don’t think he had a will. 

Well you need to find out!

I will be doing but I can’t until I get the death certificate so I can go to the bank and speak to them.

Why would a bank have the will?? Honestly you're already taking assets which belong to the estate without the first clue of who is set to inherit.

greatcrested

Comms69 said:

Carl2510 said:

greatcrested said:

Carl2510 said:

Comms69 said:

Carl2510 said:

princeofpounds said:

Are you the executor of the estate?

Does that mean next of Kin? If yes then kind of it will be my mum. So I will be helping.

No it means, in his will who is executor?

I don’t think he had a will. 

Well you need to find out!

I will be doing but I can’t until I get the death certificate so I can go to the bank and speak to them.

Why would a bank have the will?? Honestly you're already taking assets which belong to the estate without the first clue of who is set to inherit.

And that sounds very like theft.......

Comms69

greatcrested said:

Comms69 said:

Carl2510 said:

greatcrested said:

Carl2510 said:

Comms69 said:

Carl2510 said:

princeofpounds said:

Are you the executor of the estate?

Does that mean next of Kin? If yes then kind of it will be my mum. So I will be helping.

No it means, in his will who is executor?

I don’t think he had a will. 

Well you need to find out!

I will be doing but I can’t until I get the death certificate so I can go to the bank and speak to them.

Why would a bank have the will?? Honestly you're already taking assets which belong to the estate without the first clue of who is set to inherit.

And that sounds very like theft.......

I think it might fail on the dishonesty test - it sounds more negligent than malicious, but certainly now the OP is aware any further action would be theft. 

Carl2510

greatcrested said:

What makes you think the bank will have the will?

It is more likely to be either

* somewhere amongst your uncle's papers

* held securely by his solicitor/will writer

* lodged with the Probate Office

But to make a will he would have had to get the agreement of the Executers first, so speak to all his relatives, and friends (yes, some people name friends as executers) and ask if they agreed to act as his Executer. Or he may have named the solicitor/will writer who drew up the will for him to also be his Executer, so look for letters/paperwork naming any solicitor/will writer.

Also note, even if his bank balance is below whatever that bank's threshold is, they are unlikely to unlock his account for you - after all, how do they know you are entitled to have access to his money? Just because you prove he's dead does not mean any old Tom !!!!!! or Harry can access his cash! That's why you need to show them

* the will, naming the Executer or

* Grant of Probate, or

* Letters of Administration from the Probate Office, if here's no will

I’m hoping they do but I’m sure he doesn’t have one, he only had a small group of people he spoke to, we have already gone through his paperwork there is nothing there. We have got into his email nothing there, the only solicitor email he had were for some offences he did back in 2012. So I’m sure he wouldn’t of asked them to do a Will for him. 

Obviously I will most likely have to ask for Probate.

he took out his pension a few months back all of it so we know how much he’s got left.

Comms69

Carl2510 said:

greatcrested said:

What makes you think the bank will have the will?

It is more likely to be either

* somewhere amongst your uncle's papers

* held securely by his solicitor/will writer

* lodged with the Probate Office

But to make a will he would have had to get the agreement of the Executers first, so speak to all his relatives, and friends (yes, some people name friends as executers) and ask if they agreed to act as his Executer. Or he may have named the solicitor/will writer who drew up the will for him to also be his Executer, so look for letters/paperwork naming any solicitor/will writer.

Also note, even if his bank balance is below whatever that bank's threshold is, they are unlikely to unlock his account for you - after all, how do they know you are entitled to have access to his money? Just because you prove he's dead does not mean any old Tom !!!!!! or Harry can access his cash! That's why you need to show them

* the will, naming the Executer or

* Grant of Probate, or

* Letters of Administration from the Probate Office, if here's no will

I’m hoping they do but I’m sure he doesn’t have one, he only had a small group of people he spoke to, we have already gone through his paperwork there is nothing there. We have got into his email nothing there, the only solicitor email he had were for some offences he did back in 2012. So I’m sure he wouldn’t of asked them to do a Will for him. 

Obviously I will most likely have to ask for Probate.

he took out his pension a few months back all of it so we know how much he’s got left.

But nothing at present belongs to anyone except the estate. So stop jumping ahead.

Imagine it turns out he's got 100k of debt, you would be facing significant civil and criminal penalties for disposing of assets without permission. 

princeofpounds

By the way OP, there is a probate subforum here you might find useful.

https://forums.moneysavingexpert.com/categories/deaths-funerals-probate

Dymphna60

Whilst it sounds like the OP may be rushing into things and should read some guide on what to do when someone dies. 

People are also giving false information. 

You do not need to give your permission to be named as executor in someone’s will although it would be wise to discuss it with those you name . 

Banks will often release funds on sight of a death certificate, if below their limit. 

Probate / letters of administration are not required for all estates . 

So though it is advisable that the OP  reads up on what should be done maybe some other posters should do as well? 

Comms69

Dymphna60 said:

Whilst it sounds like the OP may be rushing into things and should read some guide on what to do when someone dies. 

People are also giving false information. 

You do not need to give your permission to be named as executor in someone’s will although it would be wise to discuss it with those you name . 

Banks will often release funds on sight of a death certificate, if below their limit. 

Probate / letters of administration are not required for all estates . 

So though it is advisable that the OP  reads up on what should be done maybe some other posters should do as well? 

the point is the op doesnt know if there is a will, not that one doesnt exist

macman

This is bizzare. The OP said that they can't pay any rent due as 'the bank accounts are frozen'. But, since they don't yet even have the death cert, how can the bank have accepted instructions to freeze the accounts? Sight of that is the minimum they would need before probate, along with whatever form the OP has completed.
Unless he is in arrears, then it's unlikely that rent is due, since it's normally paid a month in advance. A quick call to the LL would establish the situation.
OP, any debts owing, rent or otherwise, are paid out of the assets of the estate. But you cannot start paying out any debts until probate has been granted. If the LL is owed money, then they will need to form an orderly queue with everyone else until the assets and liabilities are clear.