Probate Instruction help

ClaireBearClaire

Hi all, any help would be grateful
Our neighbour recently passed away. She had a will and a solicitor is her executor. We held LPA's for our neighbour, so we sent all the relevant paperwork (bank accounts, bills etc) to the solicitor. However, for some reason, he has sent us a Probate Instruction form to fill in as best as we can. I thought as he is the executor that he had to do this? Also, on the form it mentions debts, so I am also wondering how council tax and other state benefits could be a debt, unless you fall behind in payments?

Many thanks for any advice!

theoretica

Are you beneficiaries?  Solicitors who are executors usually offer to step down/check the residuary beneficiaries are happy with them acting to avoid upset over the charges.

ClaireBearClaire

Ah, yes, my mum is a beneficiary and your answer makes perfect sense, thank you! I've started to fill the form in, but we would prefer for the solicitor to do the rest as we are clueless so I may just write a note on there.

Thanks!

poppystar

ClaireBearClaire said:

Hi all, any help would be grateful
Our neighbour recently passed away. She had a will and a solicitor is her executor. We held LPA's for our neighbour, so we sent all the relevant paperwork (bank accounts, bills etc) to the solicitor. However, for some reason, he has sent us a Probate Instruction form to fill in as best as we can. I thought as he is the executor that he had to do this? Also, on the form it mentions debts, so I am also wondering how council tax and other state benefits could be a debt, unless you fall behind in payments?

Many thanks for any advice!

When you say probate instruction form what exactly do you mean?

Is this something the solicitor sends out to get all the information needed for them to proceed with a probate application? If so, it is probably reasonable  (and part of their usual internal processes) to require whoever held LPAs to fill it in. It sounds like you have been thorough with the paperwork however already and this might just be to fill in any potential gaps in the solicitors knowledge as they are one removed from the situation. 

As executor they could then apply for probate.

If this is an actual probate application form then that would be different as they will complete that as executors. 

Flugelhorn

sounds like they are just trying to gather all the info they can about the deceased's estate from the people who are most likely to know. It'll be a standard form for all cases so just complete what you can