Retrospective probate needed?

warfield

fromdusktilldawn said:

Same thing here. Solicitors named as executors on both parents wills. They wanted 5000 to apply for probate, did it ourselves. That was for one bank account and one property, made me very angry. In the end they charged us 300 for letter of renunciation, told us it 'needed to be reviewed by senior partner', and made us wait 4 weeks before releasing the wills. Fortunately we can be as awkward as **** but it makes me angry that they prey on elderly people at a difficult time. Just remember that probate forms are designed for non professionals to complete and there is help available if needed. Good luck !

I avoid solicitors because every answer involves 3 more questions resulting in increased complexity and charges but one understandable reason for solicitors charging is that everything they do needs to indemnified against future claims that they made a mistake and the need to fight a legal defence or pay compensation. 

Keep_pedalling

fromdusktilldawn said:

Same thing here. Solicitors named as executors on both parents wills. They wanted 5000 to apply for probate, did it ourselves. That was for one bank account and one property, made me very angry. In the end they charged us 300 for letter of renunciation, told us it 'needed to be reviewed by senior partner', and made us wait 4 weeks before releasing the wills. Fortunately we can be as awkward as **** but it makes me angry that they prey on elderly people at a difficult time. Just remember that probate forms are designed for non professionals to complete and there is help available if needed. Good luck !

Not sure why that should make you angry, your parents chose to make the solicitors executors there was nothing forcing them to do that. 

Thrugelmir

Keep_pedalling said:

fromdusktilldawn said:

Same thing here. Solicitors named as executors on both parents wills. They wanted 5000 to apply for probate, did it ourselves. That was for one bank account and one property, made me very angry. In the end they charged us 300 for letter of renunciation, told us it 'needed to be reviewed by senior partner', and made us wait 4 weeks before releasing the wills. Fortunately we can be as awkward as **** but it makes me angry that they prey on elderly people at a difficult time. Just remember that probate forms are designed for non professionals to complete and there is help available if needed. Good luck !

Not sure why that should make you angry, your parents chose to make the solicitors executors there was nothing forcing them to do that. 

Prey on elderly people does seem rather strong language. 

getmore4less

Joint or tenants in common makes no difference.

Probate only needed for the last legal owner.

shiraz99

getmore4less said:

Joint or tenants in common makes no difference.

Probate only needed for the last legal owner.

Is that case for tenants in common that have a life interest in the will?

getmore4less

shiraz99 said:

getmore4less said:

Joint or tenants in common makes no difference.

Probate only needed for the last legal owner.

Is that case for tenants in common that have a life interest in the will?

Yes, with a life interest the remaining legal owner can make a trustee another legal owner.

Then probate is not needed for the next death as there will still be a legal owner. 

shiraz99

getmore4less said:

shiraz99 said:

getmore4less said:

Joint or tenants in common makes no difference.

Probate only needed for the last legal owner.

Is that case for tenants in common that have a life interest in the will?

Yes, with a life interest the remaining legal owner can make a trustee another legal owner.

Then probate is not needed for the next death as there will still be a legal owner. 

So in the scenario that I have currently with my parents TIC with a life interest to occupy their property, my Mum past 4 years back and my Dad in March, are you saying that probate is only required for my Dad's estate?

badmemory

Re the comment about it being easy to stop a solicitor being the executor.  In my experience it wasn't that easy, in fact I had to be a little outspoken about it.  They have my will still because I couldn't persuade them to let me have it & I am a little concerned that they will try to bully my son into using them.

Flugelhorn

badmemory said:

Re the comment about it being easy to stop a solicitor being the executor.  In my experience it wasn't that easy, in fact I had to be a little outspoken about it.  They have my will still because I couldn't persuade them to let me have it & I am a little concerned that they will try to bully my son into using them.

Write a new will with someone else, make sure you make your son executor and hang on to a copy - then tell other solicitors that the old  one is no longer valid.

Mojisola

badmemory said:

They have my will still because I couldn't persuade them to let me have it & I am a little concerned that they will try to bully my son into using them.

The will is yours - ask for the original and make a complaint if you don't get it.