Grant of Probate and Deed of Variation without solicitor?

TonyMMM

You were always going to have to apply for probate - banks have a limit, and they won't alter that. It will take a while but should be quite simple to do on-line, and the ISA will continue to earn interest meanwhile.

If the estate isn't anywhere close to IHT level, then a simple estate agent valuation is going to be fine for the application. As a joint asset, you would include half for the purposes of the probate application.

bunnygo

I'm sorry for your loss.

re the ISA - it can be transferred to your mother as an ISA under additional personal subscription, which only applies to the spouse of the deceased. IF the YBS offer this and probably once you have a grant of probate. In the meantime it would be worth looking at the interest rates as they have quadrupled in the last few months. You should be able to get around 4% on a fixed term, 2.5% on easy access.

You don't need a solicitor to get a grant of probate, it is a fairly straightforward application process. The cost is £273 plus £1.50 for each copy of the grant. It takes a long time so best to get the application started; there are separate threads on chasing up the probate office. You will need the original will, do not take it apart but do keep a copy as it won't come back.

regarding accounts; the bereavement department of each bank should help you, and yes joint accounts continue unaffected in your mother's name. For credit cards, if the lead cardholder has died then the card account is closed. If that applies your mother will need to apply for a new card. (This is why both spouses should have a credit card in their own name)

for the house, there's a form on the land registry website which will allow you to put it into your mother's name. An estate agent will do a 'good enough' valuation for free on the basis that you will consider them when the time comes to sell.

one other thing; if there is a car, make sure you contact the insurers if it was in his name. Death of the lead name on the policy invalidates it for all other drivers.

Land_Registry

LarryR said:

 Does the house even form part of his estate as it is owned outright and owned by both of them?

Thanks

If the property is registered in their joint names then it doesn’t form part of his estate so probate is not needed from a purely registration perspective. 

The form others refer to is a form DJP which can be used to update the register 
https://www.gov.uk/government/publications/deceased-joint-proprietor-djp
The form is submitted by post with an official/certified copy of his death certificate or probate 

getmore4less

Land_Registry said:

LarryR said:

 Does the house even form part of his estate as it is owned outright and owned by both of them?

Thanks

If the property is registered in their joint names then it doesn’t form part of his estate so probate is not needed from a purely registration perspective. 

The form others refer to is a form DJP which can be used to update the register 
https://www.gov.uk/government/publications/deceased-joint-proprietor-djp
The form is submitted by post with an official/certified copy of his death certificate or probate 

Don't forget distributable, benefitial and taxable estate can be different.

In the case of property even where the legal ownership won't require a grant some/all can form part of the taxable estate.

Many think joint property is not part of the estate when it is part of the taxable estate

Land_Registry

getmore4less said:

Land_Registry said:

LarryR said:

 Does the house even form part of his estate as it is owned outright and owned by both of them?

Thanks

If the property is registered in their joint names then it doesn’t form part of his estate so probate is not needed from a purely registration perspective. 

The form others refer to is a form DJP which can be used to update the register 
https://www.gov.uk/government/publications/deceased-joint-proprietor-djp
The form is submitted by post with an official/certified copy of his death certificate or probate 

Don't forget distributable, benefitial and taxable estate can be different.

In the case of property even where the legal ownership won't require a grant some/all can form part of the taxable estate.

Many think joint property is not part of the estate when it is part of the taxable estate

Very true and just to emphasise the context of my post from a purely registration perspective probate is not required as we register the legal ownership which has passed to the surviving owner. The beneficial ownership, which can be distributed/taxed as you post, is a separate matter.

relaxtwotribes

bunnygo said:

 You will need the original will, do not take it apart but do keep a copy as it won't come back.

Just to embellish ever so slightly, have the copy certified as a true copy by a solicitor/doctor/professional before dispatching the original.  There just might be an occasion in the future when a simple copy is insufficient.

LarryR

Thanks for all your response, guys. Really helpful.

So, just starting the process now and on the first page "What are the values of the estate for Inheritance Tax?" it first asks "Gross value - This is the total value of all assets like property, money and gifts in the last 7 years before taking off any debts". Do I include half of the valuation of the property? And half of any amounts in joint bank accounts? And all the amounts in sole bank accounts? And, on the property valuation, if I had 2 or 3 valuations, do I take the average value? Or the highest?

The second question asks "Net value - Take off any debts like mortgage and credit cards from the gross value" - here I don't think he had any real debts, even credit cards were paid off every month. So this would be the same value as above, right?

And the final questions asks "Net qualifying value - Take off from the net value any assets passed to spouse or civil partner and money left to a charity." So does this leave a zero amount, as everything gets passed to my mum?

Thanks

LarryR

Sorry, I've obviously asked this in the wrong place, should I start a new thread or ask somewhere completely different? Thanks