When there is a Will but no applicable Executor - Steps to take

BBQBossTO

Hi,

Following the sad passing of my Mum recently we are going through all the expected steps one has to do at these times.

Although we have a will, there's no applicable executor as the original solicitor had gone into liquidation, the solicitors that simply had the will in storage have said we can either appoint them as executors (potentially costing £13,000 for the entire probate / IHT process) or I could apply for letters of administration to be the administrator of the will and go the DIY route.  I'm definitely considering going the DIY route as £13,000 is a sizeable amount of money.  I'm wondering which form needs filling in as it seems to either cater for "if there IS a will" (when one is applying for Probate or "if there is NO will" when one will be applying for Letter of Administration...I'm sort of in the middle ground.  Has anyone any ideas...I'm currently holding for HMRC helpline to enquire but I fear it could be some wait.  Any help would be appreciated. 

Thank you

thegreenone

I'm sorry for your loss.  My Mum passed away just over a year ago and my FiL on NYE so I do understand how you feel.  Lots to do but need time and space.

£13k is enormous!  I did the legwork for my late Mum's estate and then handed it over to the solicitors, who held her deeds and Will to do the HMRC and Probate forms/applications.  Final bill was about £1200.  

If the estate is not huge and complicated, it should be straightforward to DIY and you will be in charge of timelines.  Others on here will confirm.  

Flugelhorn

I think you need to apply for Letters of administration with will annexed - if you google this then you'll that is what happens when there is a will but there are no valid executors

from gov.uk "who can apply:

• a ‘beneficiary’ where there’s a will but none of the executors are applying (letters of administration with will annexed)"

 

SeniorSam

It bis not so difficult to deal with these matters yourself, mainly a lot of form filling but with plenty of helpful guidance notes with each.

You need to apply for letters of administration to be appointed to act, then deal with the value of everything owned. If the estate is over £325,000 then inheritance tax may be payable, but your Mother will have a nil rate band allowance of £325,000 plus residential allowance, possibly of £175000. In addition, if your father left his whole estate to your Mother, then his allowance may be available also, another £325,000 and £175,000. Therefore, the estate needs to be over £1,000,000 for any tax to be payable if all those allowances are available.

If you can estimate the value of the house and possessions, then a guide to the correct forms can be given.

BBQBossTO

SeniorSam said:

It bis not so difficult to deal with these matters yourself, mainly a lot of form filling but with plenty of helpful guidance notes with each.

You need to apply for letters of administration to be appointed to act, then deal with the value of everything owned. If the estate is over £325,000 then inheritance tax may be payable, but your Mother will have a nil rate band allowance of £325,000 plus residential allowance, possibly of £175000. In addition, if your father left his whole estate to your Mother, then his allowance may be available also, another £325,000 and £175,000. Therefore, the estate needs to be over £1,000,000 for any tax to be payable if all those allowances are available.

If you can estimate the value of the house and possessions, then a guide to the correct forms can be given.

Hi, thanks for this....In trying to understand the full process I don't quite understand how we would be able to get the additional £175,000 transferred from my Father as he passed away in March 2007 and I understand that £175,000 would have been applicable, if at his death, he left his residence to his children.  In any respect I am roughly believing that my Mum's £500,000 + my Dad's £325,000 (as his allowance was 100% unused) Should be enough to cover the full estate value so no IHT payable.

Thank you

BBQBossTO

Flugelhorn said:

I think you need to apply for Letters of administration with will annexed - if you google this then you'll that is what happens when there is a will but there are no valid executors

from gov.uk "who can apply:

• a ‘beneficiary’ where there’s a will but none of the executors are applying (letters of administration with will annexed)"

 

Great, thank you for that...I'll take a look...I wonder why the HMRC helpline couldn't point me in this direction.

BBQBossTO

BBQBossTO said:

Flugelhorn said:

I think you need to apply for Letters of administration with will annexed - if you google this then you'll that is what happens when there is a will but there are no valid executors

from gov.uk "who can apply:

• a ‘beneficiary’ where there’s a will but none of the executors are applying (letters of administration with will annexed)"

 

Great, thank you for that...I'll take a look...I wonder why the HMRC helpline couldn't point me in this direction.

Hi, I've googled it but not finding a specific form to use, even on gov.uk ...is there any chance you could post a link for me?

Thank you in advance

BBQBossTO

Flugelhorn said:

I think you need to apply for Letters of administration with will annexed - if you google this then you'll that is what happens when there is a will but there are no valid executors

from gov.uk "who can apply:

• a ‘beneficiary’ where there’s a will but none of the executors are applying (letters of administration with will annexed)"

 

Hi, I've googled it but not finding a specific form to use, even on gov.uk ...is there any chance you could post a link for me?

Thank you in advance

theoretica

This form says it works.. https://www.gov.uk/government/publications/form-pa1p-apply-for-probate-the-deceased-had-a-will   I haven't opened the online form to check if that works too.

Flugelhorn

theoretica said:

This form says it works.. https://www.gov.uk/government/publications/form-pa1p-apply-for-probate-the-deceased-had-a-will   I haven't opened the online form to check if that works too.

That is the right form but there doesn't seem to be an appropriate box for "the executor is no longer in business" - there are assorted other categories for named execs who aren't applying but not that one  - suspect you may have to ask the probate office what to put - otherwise the form is OK

BBQBossTO

Thanks for the updates....I'll see if I call the Probate Office to double check.  I suspect they're not able to take calls at the weekend just like HMRC helpline.

Thanks again though