Probate Office - problem validating will

Keep_pedalling

JJWSJS8700 said:

But that’s the problem the Will is being queried so probate not granted.

An advertisement in the London Gazette plus local newspapers need to be made even if probate is granted, unless the poster has proof that the daughter is legally adopted.

A notice only protects an executor from unknown creditors coming out of the woodwork after the estate is distributed, the creditors can still pursue the debt with the beneficiaries, so it is a pointless exercise where the executor is also the main beneficiary.. 

CuddlesTC

OK, I'm starting to get freaked out again, so I'm going to turn off my notifications until we hear back from the Probate Office. Thanks again everyone, I'll let you know what happens.

JJWSJS8700

Keep_pedalling said:

JJWSJS8700 said:

But that’s the problem the Will is being queried so probate not granted.

An advertisement in the London Gazette plus local newspapers need to be made even if probate is granted, unless the poster has proof that the daughter is legally adopted.

A notice only protects an executor from unknown creditors coming out of the woodwork after the estate is distributed, the creditors can still pursue the debt with the beneficiaries, so it is a pointless exercise where the executor is also the main beneficiary.. 

No it’s is certainly not a pointless exercise. 

A notice is expected to be made by the Executor, to invite creditors and/or anybody who believes they have a claim on the estate.

Everybody’s will states :

‘After my debts are paid’...

Many people lie about debts, wills end up insolvent and nobody inherits anything.

Certainly not to claim from the beneficiary(s) after the estate has been distributed, the Executor is held liable if a notice is not made and debts come rolling in.

Flugelhorn

JJWSJS8700 said:

Keep_pedalling said:

JJWSJS8700 said:

But that’s the problem the Will is being queried so probate not granted.

An advertisement in the London Gazette plus local newspapers need to be made even if probate is granted, unless the poster has proof that the daughter is legally adopted.

A notice only protects an executor from unknown creditors coming out of the woodwork after the estate is distributed, the creditors can still pursue the debt with the beneficiaries, so it is a pointless exercise where the executor is also the main beneficiary.. 

No it’s is certainly not a pointless exercise. 

A notice is expected to be made by the Executor, to invite creditors and/or anybody who believes they have a claim on the estate.

Everybody’s will states :

‘After my debts are paid’...

Many people lie about debts, wills end up insolvent and nobody inherits anything.

Certainly not to claim from the beneficiary(s) after the estate has been distributed, the Executor is held liable if a notice is not made and debts come rolling in.

It is pretty pointless when the executor is also the main or only beneficiary - also if the same person has maybe had POA and knows the deceased finances well. I was exec and sole beneficiary of the will, I was sure there were no other debts, didn't gazette as it wouldn't have stopped my liability to pay anything coming out of the woodwork

BooJewels

I did the same @Flugelhorn - my sister and I were executrices and beneficiaries and I'd been handling my father's finances for 18 months before he died under an LPA anyway.  So we decided not to advertise - wouldn't have changed the liability and implications for us either way.

JJWSJS8700

Flugelhorn said:

JJWSJS8700 said:

Keep_pedalling said:

JJWSJS8700 said:

But that’s the problem the Will is being queried so probate not granted.

An advertisement in the London Gazette plus local newspapers need to be made even if probate is granted, unless the poster has proof that the daughter is legally adopted.

A notice only protects an executor from unknown creditors coming out of the woodwork after the estate is distributed, the creditors can still pursue the debt with the beneficiaries, so it is a pointless exercise where the executor is also the main beneficiary.. 

No it’s is certainly not a pointless exercise. 

A notice is expected to be made by the Executor, to invite creditors and/or anybody who believes they have a claim on the estate.

Everybody’s will states :

‘After my debts are paid’...

Many people lie about debts, wills end up insolvent and nobody inherits anything.

Certainly not to claim from the beneficiary(s) after the estate has been distributed, the Executor is held liable if a notice is not made and debts come rolling in.

It is pretty pointless when the executor is also the main or only beneficiary - also if the same person has maybe had POA and knows the deceased finances well. I was exec and sole beneficiary of the will, I was sure there were no other debts, didn't gazette as it wouldn't have stopped my liability to pay anything coming out of the woodwork

As you state you would be liable to pay any debts that come out of the woodwork, so a totally different scenario, but many people are not.

Even the many people who’ve managed to acquire  LPA, somehow, from a vulnerable person, but even if genuine, debts need to be paid, that’s the first line in everybody’s will before anyone inherits anything at all.

JJWSJS8700

BooJewels said:

I did the same @Flugelhorn - my sister and I were executrices and beneficiaries and I'd been handling my father's finances for 18 months before he died under an LPA anyway.  So we decided not to advertise - wouldn't have changed the liability and implications for us either way.

But surely you would want to know if there were any debts and claims on the Estate beforehand, to make it fair for the beneficiaries and anyone who is owed money by the deceased.

Flugelhorn

JJWSJS8700 said:

Flugelhorn said:

JJWSJS8700 said:

Keep_pedalling said:

JJWSJS8700 said:

But that’s the problem the Will is being queried so probate not granted.

An advertisement in the London Gazette plus local newspapers need to be made even if probate is granted, unless the poster has proof that the daughter is legally adopted.

A notice only protects an executor from unknown creditors coming out of the woodwork after the estate is distributed, the creditors can still pursue the debt with the beneficiaries, so it is a pointless exercise where the executor is also the main beneficiary.. 

No it’s is certainly not a pointless exercise. 

A notice is expected to be made by the Executor, to invite creditors and/or anybody who believes they have a claim on the estate.

Everybody’s will states :

‘After my debts are paid’...

Many people lie about debts, wills end up insolvent and nobody inherits anything.

Certainly not to claim from the beneficiary(s) after the estate has been distributed, the Executor is held liable if a notice is not made and debts come rolling in.

It is pretty pointless when the executor is also the main or only beneficiary - also if the same person has maybe had POA and knows the deceased finances well. I was exec and sole beneficiary of the will, I was sure there were no other debts, didn't gazette as it wouldn't have stopped my liability to pay anything coming out of the woodwork

As you state you would be liable to pay any debts that come out of the woodwork, so a totally different scenario, but many people are not.

Even the many people who’ve managed to acquire  LPA, somehow, from a vulnerable person, but even if genuine, debts need to be paid, that’s the first line in everybody’s will before anyone inherits anything at all.

Honestly I think you'll find that the vast majority of LPAs are set up to help people manage their finances and nothing dodgy is intended or happens. 

First thing you do is pay the obvious debts - settle up the utility bills, council tax etc, newsagents, gardeners and window cleaners 

However there are some less than honest people who claim that the deceased had debts and are triggered to do this by the advert in the gazette which gives contact details of the exec and also the address of the deceased (which may well be empty and unlived in) - no I preferred to deal with anything came up later after I had sold the property and got all the estate into one account 

BooJewels

JJWSJS8700 said:

BooJewels said:

I did the same @Flugelhorn - my sister and I were executrices and beneficiaries and I'd been handling my father's finances for 18 months before he died under an LPA anyway.  So we decided not to advertise - wouldn't have changed the liability and implications for us either way.

But surely you would want to know if there were any debts and claims on the Estate beforehand, to make it fair for the beneficiaries and anyone who is owed money by the deceased.

As I said, I'm pretty sure that no one is owed anything by the deceased and my sister and I - the only beneficiaries - agreed between us - that after the period of time that had passed, didn't want our details out there for the same reasons @Flugelhorn described.  It was an informed decision we took together.  I am comfortable with that decision.

I'm actually more concerned by those that owed him.  I took one such party as far as the Sheriffs calling on them several times and didn't get his money back and I know that as he was a generous and helpful man, he had lent tools and equipment to a number of friends and neighbours - I'm confident about a couple of specifics.  Not one of them came to the door and returned anything - one even lied to my face.

user1977

JJWSJS8700 said:

Flugelhorn said:

JJWSJS8700 said:

Keep_pedalling said:

JJWSJS8700 said:

But that’s the problem the Will is being queried so probate not granted.

An advertisement in the London Gazette plus local newspapers need to be made even if probate is granted, unless the poster has proof that the daughter is legally adopted.

A notice only protects an executor from unknown creditors coming out of the woodwork after the estate is distributed, the creditors can still pursue the debt with the beneficiaries, so it is a pointless exercise where the executor is also the main beneficiary.. 

No it’s is certainly not a pointless exercise. 

A notice is expected to be made by the Executor, to invite creditors and/or anybody who believes they have a claim on the estate.

Everybody’s will states :

‘After my debts are paid’...

Many people lie about debts, wills end up insolvent and nobody inherits anything.

Certainly not to claim from the beneficiary(s) after the estate has been distributed, the Executor is held liable if a notice is not made and debts come rolling in.

It is pretty pointless when the executor is also the main or only beneficiary - also if the same person has maybe had POA and knows the deceased finances well. I was exec and sole beneficiary of the will, I was sure there were no other debts, didn't gazette as it wouldn't have stopped my liability to pay anything coming out of the woodwork

As you state you would be liable to pay any debts that come out of the woodwork, so a totally different scenario, but many people are not.

Even the many people who’ve managed to acquire  LPA, somehow, from a vulnerable person, but even if genuine, debts need to be paid, that’s the first line in everybody’s will before anyone inherits anything at all.

But putting a notice in a journal which (in practice) almost no creditor is actually going to read doesn't make the debt disappear, it's merely something which assists the executor deflecting claims of negligence.

And I agree that in most cases it's unnecessary - somebody who dies in their 90s after x years in a nursing home is hardly likely to have surprise creditors lurking somewhere. Different perhaps if a self-employed person suddenly drops dead and nobody else was involved in their finances.