Probate without a Will - Question

faddyuk

Hi Guys,
My mum passed away last week after a gruelling fight with Alzheimer's.  I am trying to sort out a few things for my dad to ensure there is no further burden on him as he isnt in the best of health himself.
My mum only had a joint current account with my dad and another property.  Currently it is empty and I would like this to go to my father.  She didnt have a will so i guess the only route is a Probate.  Can someone advise if it is only the IHT205 followed by the Probate application needed.  My father has stated that it maybe worth the property to go in both his and my name to avoid any confusion later on.  Is there any implications of doing this, or is this the wrong approach. The property is worth around £120k so well under the threshold.
Again sorry if this post seems a bit random, but never had to deal with anything like this hence the questions.
Many thanks in advance.

Keep_pedalling

As it sounds like her estate is well under £270k under intestacy rules it all goes to your father (providing they were married or in a civil partnership). Whether it is a good idea to vary the distribution through a deed of variation depends on circumstances. Doing it to avoid “confusion later on” is not a reason to consider it, it actually just complicates things as it could leave you with an unnecessary  capital gains tax bill on his death.

If he is reliant on the rental for the other property then he should maintain the ownership. If not then he could consider other options.

What would avoid confusion, and make life easier for you in the future, would be for him to make a will and set up lasting powers of attorney for finance and welfare.

IHT205 should be the appropriate return Tomsk e in this case.

Marcon

faddyuk said:

Hi Guys,
My mum passed away last week after a gruelling fight with Alzheimer's.  I am trying to sort out a few things for my dad to ensure there is no further burden on him as he isnt in the best of health himself.
My mum only had a joint current account with my dad and another property.  Currently it is empty and I would like this to go to my father.  She didnt have a will so i guess the only route is a Probate.  Can someone advise if it is only the IHT205 followed by the Probate application needed.  My father has stated that it maybe worth the property to go in both his and my name to avoid any confusion later on.  Is there any implications of doing this, or is this the wrong approach. The property is worth around £120k so well under the threshold.
Again sorry if this post seems a bit random, but never had to deal with anything like this hence the questions.
Many thanks in advance.

So sorry your mum and her family had such a rough time in recent years. It can't have been easy for any of you.

As there was no will, you need to apply for Letters of Administration - or help your father to do so.

Please see https://www.moneyadviceservice.org.uk/en/articles/sorting-out-the-estate-when-there-isnt-a-will which explains what happens when someone dies intestate. 

It's hard to see what 'confusion' might arise around your mother's property; given her estate is modest, passing the lot to your father (tax free because he was her spouse) might be the simplest route. 

When your father dies, there could be close on a £1m of IHT allowance available (nil rate bands of £325K for each parent, + a further allowance explained here: https://www.gov.uk/inheritance-tax/passing-on-home).

Username03725

Your old boy should write a will as soon as. That avoids complications, not thinking that a scheme that sounds like it might be better but he doesn't really understand, would be the best option.

faddyuk

Thanks guys.
Ive sat down with dad and thanks to your advice ive got through the inheritance tax form and helped him fill out the probate forms.  Seems pretty straightforward.  

Are there any recommendations for any online will services.

Keep_pedalling

faddyuk said:

Are there any recommendations for any online will services.

No, use a local solicitor. A will is one of the most important documents you ever make, none of the regulars here will recommend using an unregulated will writing serving.

xylophone

Suggest to  your father that he makes an appointment  with a local solicitor who can discuss his requirements, draft a suitable will for his signature and arrange for it to be appropriately witnessed.

nanapop1977

We've just done ours with a local solicitor - Discussions done via Zoom, draft emailed to us, just waiting for a couple of name typos to be corrected and then we're ready to sign and get witnessed. We've chosen to visit the office for this but solicitor said we could have simply got neighbours to do it if that was more convenient. We found the process much easier and quicker than last time we did it 20 years ago! And cheaper - £450 for both of us!

naedanger

nanapop1977 said:

We've just done ours with a local solicitor - Discussions done via Zoom, draft emailed to us, just waiting for a couple of name typos to be corrected and then we're ready to sign and get witnessed. We've chosen to visit the office for this but solicitor said we could have simply got neighbours to do it if that was more convenient. We found the process much easier and quicker than last time we did it 20 years ago! And cheaper - £450 for both of us!

I think you are right to get the wills witnessed at the solicitor's office. They are less likely to be challenged as unreliable for any reason. Also they may be easier to locate, many years down the line - even if it is only the firm confirming the witness did work for them when the will was witnessed. That said I suspect the chance of your wills being challenged is very remote, but since your paid I think you are right to get the full benefit.