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NS&I insisting on probate

Hi MSE forums

My mother-in-law passed away last year and my father-in-law is sorting out her savings and investments. NS&I are refusing to give him the savings until probate has been carried out. It does say that they can insist upon this but it seems a little harsh that he has to spend £1500 on solicitors in order to get to his deceased wife's savings. Surely there is something he can do?

Thanks in advance
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Comments

  • MEM62
    MEM62 Posts: 4,980 Forumite
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    He doesn't have to spend anything on solicitors.  He can apply for probate himself.    
  • colsten
    colsten Posts: 17,597 Forumite
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    It’s very reassuring that NS&I require proof of legal entitlement before handing over a person’s funds to their spouse.
  • dunstonh
    dunstonh Posts: 117,957 Forumite
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    It does say that they can insist upon this but it seems a little harsh that he has to spend £1500 on solicitors in order to get to his deceased wife's savings. Surely there is something he can do?

    Spending £1500 on solicitors is a choice.  Not a requirement.   There is absolutely no need to spend that much.


    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • IanManc
    IanManc Posts: 2,234 Forumite
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    Hi MSE forums

    My mother-in-law passed away last year and my father-in-law is sorting out her savings and investments. NS&I are refusing to give him the savings until probate has been carried out. It does say that they can insist upon this but it seems a little harsh that he has to spend £1500 on solicitors in order to get to his deceased wife's savings. Surely there is something he can do?

    Thanks in advance
    It would be harsh if someone had to spend £1500 on solicitors to get probate, but fortunately it isn't true.

    As JGB1955 has pointed out, it only costs £215 and your father-in-law can do it himself. Until recently the process was paper based and you had to visit a local Probate registry, but now it is even simpler - though somewhat slower - and you can do it all online without the need to visit anywhere.

    For a simple estate where probate is being applied for by a spouse then the forms really are very easy to complete. Your father-in-law will find it quite straightforward, and if he's not internet savvy then you can help him while he's filling in the forms online.
  • Don't expect a quick response though, I put my late brothers paperwork in the beginning of August this year, now early December and still waiting, contacted the probate helpline to ask where its at, their response....we're very busy... 
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Probate may well required to access the other "investments" as well. 
  • penners324
    penners324 Posts: 3,097 Forumite
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    Very strange, when my father passed away none of financial institutions asked for probate. Just a copy of the will showing everything going to my mother and his certificate.
    One firm said they needed probate, my mother said she didn't and they changed their minds and agreed.
  • jsmith9
    jsmith9 Posts: 419 Forumite
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    the requirement for probate or not often depends on the sum of money involved. 
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