Probate and solicitors/specialists

noclaf

My father passed away a few weeks back and am trying to determine if a solicitor will be needed to deal with probate based on his estate.

Background:

He lived in a nursing home due to long term health issues and to my knowledge did not pay care fees as this was confirmed by the LA due to him being eligible for "Aftercare", this was linked to his long term(30+ years) health issues.

LA was acting as an "appointee" for my father to administer his benefits, that may of included using his state pension as a top-up,this is an assumption on my part.

He received civil service and state pension.

He owns a 50% share of the house I live in with my mother who owns the other 50% (marriage annulled 15/20 years back)

He has two life insurance policies but ceased paying into them many years back as his illness progressed and he was unable to manage finances or decisions.

He has two bank accounts to my knowledge that receive his state and civil service pension respectively,I believe they may be "archived" as I doubt any money had been taken from them for along period (unless fraudulently)

He has a will, 2 executors listed are my half sibling and another family member

Beneficiaries listed in will are my sibling and I.

Death certificates have been issued and I have them.

*I did not have Poa/deputy for my father
Based on the above would a solicitor/specialist be worthwhile involving or could it be done "DIY"? Any other pointers or considerations would be appreciated too.

poppystar

If you are not an executor, as it would appear from what you have said, it is not your responsibility to obtain probate. Whether or not the executors employ a solicitor to do this will be up to them.

Brynsam

How confident are the executors at trying the DIY route? It's their decision, not least because if they 'get it wrong' they could be personally liable to you and your sibling. I appreciate that as one of the beneficiaries you are trying to maximise your inheritance, but there are a few wrinkles in your post which suggest the executors might do well to take some informed advice from a solicitor. Getting it right is usually quicker and cheaper than putting it right.

noclaf

Ah, to be clear from my perspective I'd rather it's done via a specialist so that it's done properly and is watertight in terms of covering off any open issues, debts etc I think it will be worthwhile paying a professional to deal with it all.
 I also suspect that my dad's banks and other financial/insurance firms will be be more proactive in dealing with a solicitor rather than my family members (executors) trying to do it themselves.
I will discuss it with the family and see what they think too.

xylophone

If his pensions are being paid to his bank accounts, it seems unlikely that they are dormant?

Mojisola

If I was made executor of a will but wasn't left any money in recognition of the work involved, I'd either refuse the role or accept it but employ a solicitor to do the work. 

noclaf

xylophone said:

If his pensions are being paid to his bank accounts, it seems unlikely that they are dormant?

That's what I was hoping too, one of the accounts was an old Abbey N one so assume it should still exist albeit converted to Santander?

Keep_pedalling

xylophone said:

If his pensions are being paid to his bank accounts, it seems unlikely that they are dormant?

He would have been paying some contribution to his care from them as well, so it would all be one way traffic.

noclaf

Mojisola said:

If I was made executor of a will but wasn't left any money in recognition of the work involved, I'd either refuse the role or accept it but employ a solicitor to do the work. 

When the will was drawn up by my father I was much younger and circumstances were rather different to now, that may of influenced decisions on who to appoint as executor. The will does include a clause along the lines of funeral and legal costs being taken into account before the estate is distributed (not the exact wording). 

poppystar

If the Will was drawn up some time ago are you 100% sure there isn’t a later will? 

Emmia

noclaf said:

Ah, to be clear from my perspective I'd rather it's done via a specialist so that it's done properly and is watertight in terms of covering off any open issues, debts etc I think it will be worthwhile paying a professional to deal with it all.
 I also suspect that my dad's banks and other financial/insurance firms will be be more proactive in dealing with a solicitor rather than my family members (executors) trying to do it themselves.
I will discuss it with the family and see what they think too.

Employing a solicitor to do it though will be more expensive - can the estate, or you bear the cost of that?

When I acted as an executor I had no problem at all with getting quick responses from the banks etc., who all pretty much had dedicated teams to deal with this.

The solicitor did a bit of work as there was a slightly convoluted financial arrangement to be unpicked (frankly I'm glad they did that bit) and they applied for probate, but otherwise I handled banks, pensions, share sales, bond transfers...