How to proceed

Cazzaloulou68

Morning, brain in overdrive today. Mum passed peacefully last night so we now have our order. We found a scrappy bit of paper DIY will from her made over 20years ago-leaving everything to sibling who we think will also leave us very soon. Is there any benefit to waiting to sort mums estate? The house will pass to sibling regardless of it being TIC or JT, and there’s not much in her bank accounts. Obvs will let other organisations know pension, dwp etc. 

Cairnpapple

I'm so sorry for your loss @Cazzaloulou68. Others will have more experience but I would think it would be fine to prioritise immediate death/ funeral issues (and pension, DWP when you can), then start to pick off other things whenever you are able. 

pjs493

Firstly, I'm so sorry for your loss and what your family are experiencing right now.

Once you register the death of your mother, you will be given a code for the government 'Tell Us Once' service. This will alert all govt organisations from DWP, local council, HMRC, etc of your mother's death. Once you have the death certificate you can also start making plans for the funeral. 

Don't rush other things unless you feel it is a helpful distraction. If you have to apply for Probate for your mother you may run into some stumbling blocks as it is presumably a holographic (handwritten) Will. But other people will be better placed to provide advice on that. Many Wills written through a solicitor have clauses in to take into account the issue that may arise in what is sometimes called the 'plane crash' or 'car crash' scenario, ie if it can't be ascertained who died first. In modern times this typically is extended to include deaths that occur within 28 days (or a similar timeframe) of each other. For example, the Wills my husband and I made had a clause that if either of us died within 28 days of each other, it was deemed that we had died at the same time. It might be that your mother's Will has such a clause in which case it might be better to wait and see how your sister is doing.

As your mother's Will was a DIY Will it may not have such a clause. In which case everything has been left to your sister and the estate will need to be dealt with accordingly. I'm sure others will be along shortly with some more advice. Again, I'm ever so sorry for your loss and what you are going through.It must be a very difficult time for you all.

poppystar

Cazzaloulou68 said:

Morning, brain in overdrive today. Mum passed peacefully last night so we now have our order. We found a scrappy bit of paper DIY will from her made over 20years ago-leaving everything to sibling who we think will also leave us very soon. Is there any benefit to waiting to sort mums estate? The house will pass to sibling regardless of it being TIC or JT, and there’s not much in her bank accounts. Obvs will let other organisations know pension, dwp etc. 

Is this valid - signed, dated, witnessed etc? If not then you can proceed per intestacy and the estate will split between you and sibling. This will also reduce the potential value of sibling’s estate. Approach bank’s bereavement teams and you may find they will not require probate if sums are small, so less work required anyway.

No rush although you may want to notify house insurers to ensure the current policy can continue in the name of sibling only, unless of course this is already the case. 

Cazzaloulou68

Sent you a message @Land_Registry

Cazzaloulou68

After speaking to land registry and my brothers will maker. They both conclude that the estate has to proceed on the basis that my brother now owns the whole property. They were joint tenants and any severance need to be done and actioned before mother’s death. Unless anyone knows different ?