No More, What If....

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  • edited 15 January at 3:00PM
    p00hsticksp00hsticks Forumite
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    edited 15 January at 3:00PM
    sgx2000 said:
    doodling said:
    Hi,
    sgx2000 said:
    Savvy_Sue said:
    sgx2000 said:

    Very messy.  English daughter and grandmother are already bickering over his possessions....Even though niether have any rights over them......
    Sorry I agreed to be executor and its only a couple of day since I picked up the will.....lol
    You may need to write a polite letter to both, reminding them of the facts. Clearly you don't wish to be insensitive etc, but if there is anything left to your son that either of them would like, they need to go through you. And you need to prepare an inventory, so would it be convenient for you to visit on this date at this time for this purpose. 

    It may be worth getting someone from the local auction house in to give a valuation of the collectibles. There's likely to be a charge, but money well spent. 

    And if your son is unlikely to be interested in the collectibles, they can make you an offer, which you will check against the valuation. If there's an ongoing argument, send it to auction and they can bid if they care enough. 
    Wise words.....The daughter has now asked for a copy of the will (for her records)
    Obviously I am going to refuse and tell her a copy will be made available upon probate.
    In the mean time I will arrange an hour to take the original copy for her to read but not keep or copy...
    Just so there is no misunderstanding
    If someone took that approach with me then I would wonder why they are being obstructive.  I'd also take out my phone and start taking pictures of the will, daring them to force me to stop (I can sometimes be a little contrary :) ).

    There is no reason why the daughters shouldn't have a copy of the will, it will be a matter of public record when probate is obtained and it isn't going to change between then and now.

    I would focus on your role as executor:
    1. Secure the estate (i.e. anything of Grandfathers of value which might go walkies).
    2. Obtain probate.
    3. Get the ownership of the house changed.  It is not your problem if the result is (as others have pointed out) that the daughters are hit by capital gains tax bill when they come to sell, or that the daughters first action as owners is to take legal action to evict Grandmother and force a sale.
    4. Sort out the trust for the Grandson.
    Job done.
    Thanks for the reply.....

    I am not trying to be obstructive.  
    Every solicitor forum I have been on says that the only person that should have a copy of the will until probate is the executor....



    I'd be interested to see those links. Although there is no legal obligation to share the contents with beneficiaries (prior to obtaining probate when the will becomes a matter of public record) I see no reason why you should refrain from giving out copies of the will. In fact I found that several organisations wanted one - including the pensions and life insurance companies and the bank where I set up an executors account. After all, until you actually have probate the will is the only real evidence that you are the executor, so it's understandable that organisations will want to see it, even if they won't necessarily be interested in the actual details other than who is executor.
    Just make sure if and when you take a copy that you don't undo any staples etc (as another poster here has found out to their cost!). I scanned the original onto my computer and converted it to a pdf so I could print or email to those that requested it and refer to it myself without having to keep going back to the original, which I locked away for safety.
  • elsienelsien Forumite
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    Just carry on with this thread as you work through the process - helps to keep everything in one place. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • FlugelhornFlugelhorn Forumite
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    agree with @p00hsticks - there are often people worrying on the forum because they don't know what is in the will and the executor won't show them, tends to make matters worse but it sounds like you are going to show them anyway. As it is they can't do much with a copy of the will as everyone would want to see the original
  • MojisolaMojisola Forumite
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    sgx2000 said:
    Value in his personal items is probably £3000-£4000  (hundreds of very low value item)....
    We used a solicitor for Dad's estate and he valued the contents of a four-bed house as a token £500 and thought that would be an overestimate if we'd actually had all the personal possessions and furniture valued.

  • Savvy_SueSavvy_Sue Forumite
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    Mojisola said:
    sgx2000 said:
    Value in his personal items is probably £3000-£4000  (hundreds of very low value item)....
    We used a solicitor for Dad's estate and he valued the contents of a four-bed house as a token £500 and thought that would be an overestimate if we'd actually had all the personal possessions and furniture valued.

    It really does depend on the nature of the collectibles - as the OP described them previously. I have already suggested getting an auction house in: even if the grandson would like some of these 'collections', I think it's helpful to know their potential value. 

    And if the grandson doesn't want them, then going to auction is by far the simplest way of dealing with them: if you're knowledgeable and have oodles of time and the inclination, then you MAY get better prices selling on specialist sites, but remembering the quantity of spoons, thimbles, commemorative china and the like which filled my mother's home, I would not have wanted to deal with it all. My mother had already sold Dad's collection of Dinky cars ...

    And the auctioneer's report was very interesting - an old trunk of our possibly great-grandfather was highlighted, and the kitchen chairs were potentially worth more than we'd ever have thought. Mind you, they wouldn't take everything: they knew what would sell and what wouldn't. 

    In our case, the auction house also gave us details of a wonderful house clearance company. I know this isn't relevant to the OP, but worth bearing in mind for anyone who has a house to sell at the end of this process. 
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  • sgx2000sgx2000 Forumite
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    Thanks for all the replies.....

    So... I have at last started.
    Informed the bank online ....
    Amazed that they only asked for a scan of the death cert.... (so far)...

    Spoke to the family..... said we are only interested in the dinky cars collection  (as the grandad always said they where for my son)  And a toolkit from the hundreds of tools in the garage...... After that we have said post probate the family are welcome to the rest of his personal items.....   
  • Savvy_SueSavvy_Sue Forumite
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    sgx2000 said:
    Thanks for all the replies.....

    So... I have at last started.
    Informed the bank online ....
    Amazed that they only asked for a scan of the death cert.... (so far)...

    Spoke to the family..... said we are only interested in the dinky cars collection  (as the grandad always said they where for my son)  And a toolkit from the hundreds of tools in the garage...... After that we have said post probate the family are welcome to the rest of his personal items.....   
    If the dinky cars are the only valuable, that's fair enough, but do be aware that you have to do what the will says, especially note that your son can't agree to less, because he's still a minor, and you can't agree to less on his behalf.  

    Having said that, be pragmatic, especially if you want to preserve family relationships. Clothes, furniture, books etc do have very little value in this situation, but you must be alert to unexpected Old Masters / antique snuffboxes / vintage cars etc.
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  • sgx2000sgx2000 Forumite
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    Hi All....
    Hopefully have details of his bank account holding later this week....

    Read the IHT forms all seems fairly straight forward....
    Read the probate form again all seems fairly straight forward

    A long way in the future.... But,  A couple of questions..

    1. Given it is a pretty small estate,  is the whole gazette thing necessary?

    2. Once I have the probate document (are copies recommended)  how do I arrange for the deceased's half of the property to be split between his daughters? 
    I have looked at the land registry website, and from a cursory look at that,...
    Am I right in thinking I will need a solicitor involved in the re assignment of the land title?

    As always,   I am very grateful for any replies or advise.....


  • p00hsticksp00hsticks Forumite
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    1. Opinions vary on this. It;s not so much the size of the estate that's a factor here but rather how confident you are that you;ve identified any debtors. Personally I didn't bother.    
    2. Extra copies of the probate grant are very cheap (£1.50 I think) so it's worth getting more than one - I think I got about four. I've had to send one to the conveyancer who'll be selling the house and in order to get some shareholdings sold, and show one to the bank where I opened an executors account. I can't comment on getting the property transferred - there is a very helpful  Land Registry rep who has a long-running thread for questions over on the house selling board so it may be worth re-posting that particular query over there. 

  • sgx2000sgx2000 Forumite
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    Thanks p00hsticks....

    I will check out the link
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