Need to inform solicitors after death

OnionCityBlues

Hi there, my dad died a few months ago and me and my siblings decided to see if we could sort things out ourselves to avoid solicitors fees, we'd just involve them if we got stuck. Dad's estate seemed relatively straightforward so in case anyone else is in a similar boat:

1. I registered the death and got 5 copies of the death cert. (fyi: we were only asked once to send off a paper copy, and that got returned, everything else was simply uploading a photo online)

2. We all had copies of the will; mum was the sole executor and everything went to her.

3. Because she's in her late 80s she didn't actually do any 'executing'; we seem to have managed it all with copies of death cert, marriage cert, Tell Us Once and Death Notification Service for finances.

4. The house was owned jointly and there is no mortgage. (note to self: still need to complete a DJP form with certs to update the name on the title deeds)

5. All dad's accounts have been closed and the money is now in mum's accounts.

6. Private pension was contacted as he said mum would still be entitled to some of it.

7. We didn't apply for probate.

8. Inheritance tax doesn't apply.

Is there anything I've forgotten? It looks like we didn't need solicitors but do I now inform them? My mum's will was made at the same time as dad's and is with the same firm. When she dies, it's split equally between children/grandchildren.

Thanks

Marmaduke123

Personally I would contact the solicitor and retrieve your father's will. 

Flugelhorn

Re Number (4) - you don't have to do anything unless you want to. My father died in 1998 and looks like I / mother didn't get around to changing the name on the register. When mother died 20 years later it still had them both on there. I sold the property, gave conveyancing solicitor both death certs and mother's probate and she just ticked the boxes and it was all done in one go 

RAS

Marmaduke123 said:

Personally I would contact the solicitor and retrieve your father's will. 

Why? There's no need for probate in this situation. Maybe just get a letter typed, get mum to sign and send it to the solicitors so they gave the original back. Otherwise, nothing needed.

OP, not sure what you mean about up-dating names on the deeds? If you add yourself and siblings now, you'll all get a whacking great CGT bill when the house sells, and potentially destroy any FTB advantages for any not already owning a home.

Mum might need to look at inheritance planning if the whole estate is over £1m. Even if it's likely to be a tad over paying 40% on £100k might be preferable to 18-28% on £600k?

OnionCityBlues

Thanks all!

@RAS no, I meant update the deeds to the house so that it's in my mum's name only not mum & Dad's joint names. Although @Flugelhorn says I don't have to... but would prefer to to tie everything up.

So... is it mandatory to involve/let the solicitors know now? Since there's nothing being contested, I'm inclined not to bother unless I have to, it'll probably cost us a few hundred £££ for them to go 'OK, thanks for letting us know' and file my dad's will in the bin!

Keep_pedalling

OnionCityBlues said:

Thanks all!

@RAS no, I meant update the deeds to the house so that it's in my mum's name only not mum & Dad's joint names. Although @Flugelhorn says I don't have to... but would prefer to to tie everything up.

So... is it mandatory to involve/let the solicitors know now? Since there's nothing being contested, I'm inclined not to bother unless I have to, it'll probably cost us a few hundred £££ for them to go 'OK, thanks for letting us know' and file my dad's will in the bin!

There may be a small charge to retrieve an original will but it won’t be hundreds and they won’t bin the original just release it to the executor.

Mojisola

OnionCityBlues said:

My mum's will was made at the same time as dad's and is with the same firm. When she dies, it's split equally between children/grandchildren.

As your Dad named your Mum as executor, does her will cover the situation now that he has predeceased her?

kipsterno1

Sorry for you loss.

Technically I think you could leave everything as it is BUT personally there are a few things I would consider/ do.

Get your mother to review her will and as Mojisola said ensure there are appropriate executors named.

I would update the property title deeds with LR. When I assisted my father with this it was only one form and no cost. I'm sure that a solicitor will have a charge for ticking the boxes.

Speak with your mother and put in place lasting power of attorney (financial and health). They may not be needed immediately, and hopefully never, but could help greatly going forward. They are very straight forward to complete online. 

Keep good records of your fathers affairs as you may need the information completing paperwork in the future.

sheramber

if it has nor been done. check if your mother inherits any of your father's state pension.

 It should be done automatically but can take a while. My  son contacted the Pension Service who checked it and advised i was entitled to something. She said there was a back log of claims but as he had phoned she would arrange it now. 

It came through quickly. 

OnionCityBlues

Mojisola said:

OnionCityBlues said:

My mum's will was made at the same time as dad's and is with the same firm. When she dies, it's split equally between children/grandchildren.

As your Dad named your Mum as executor, does her will cover the situation now that he has predeceased her?

and @kipsterno1

They had 'mirror wills' and us siblings would be the executors for whoever died second.   

OnionCityBlues

@kipsterno1

Good tip. We already had/have £ and health LPA in place for both parents as dad had alzheimers.

@sh@sheramber

Yes, she gets 100%!! Which is result! We didn't have to chase this up, it was adjusted within a couple of months cos we used the govt Tell Us Once service when we registered teh death.