Probate & Intestacy

snowdrop1967

I wondered if anyone could help please.  My dad sadly died in July last year, probate was not required and his bank has released the money.  I am an executor and have not released funds yet to my two brothers as waiting to sort his headstone. A solicitor has been in touch to say my dad’s uncle by marriage (my great Aunt had already died a few years earlier and they had no children) died in June last year and dad is a beneficiary.  Solicitor is now beginning probate for Uncle and has requested dad’s will and death certificate.  They are saying that we should do probate for dad otherwise the estate will go to intestacy, Solicitor can do probate for us costing 2k fees (I know I can do this cheaper myself).  I just wondered whether this information is correct and whether we should do probate for dad? Thank you for reading.

doodling

Hi,

I'm assuming that your Dad left a will naming you as executor?

What the executor of your Uncle's estate is saying is that they want assurance that the will you hold is actually your Dad's valid last will and that you are actually the executor of that will.  The only practical way for you to achieve that is for you to obtain probate, which is a court doing exactly that.

The executor of your Uncle's estate is trying to protect themselves in case there is some reason why your Dad's will is invalid or you are not the executor - they are entitled to do that.  (They may also be trying to drum up business, but that doesn't mean they don't have the right to insist on probate).

A DIY probate application is not hard.

snowdrop1967

Thank you for explaining this.

lisyloo

I'd say do it DIY. Solicitors can actually make things harder and slower.

You can do an interim distribution of funds.
When my Dad died we had 2 payments and may have another one - one when cash became available and a second when the house was sold. A 3rd and final one will done when some remaining items are sold.
As long as you don't expose yourself financially there's no reason why you can't make an interim payment.

Keep_pedalling

The thing about it going to intestacy is rubbish but they may demand probate to release his inheritance to you. Tell them you are happy to apply for probate yourself if it is necessary but that you need to have an estimate of the amount involved to enable you to do so.  

snowdrop1967

Keep_pedalling said:

The thing about it going to intestacy is rubbish but they may demand probate to release his inheritance to you. Tell them you are happy to apply for probate yourself if it is necessary but that you need to have an estimate of the amount involved to enable you to do so.  

Thank you that is good advice, I would definitely do probate myself.  Dad was in a care home for a few years before he died so most of his money was spent funding it, hopefully probate would be quite straight forward.

Marcon

snowdrop1967 said:

Keep_pedalling said:

The thing about it going to intestacy is rubbish but they may demand probate to release his inheritance to you. Tell them you are happy to apply for probate yourself if it is necessary but that you need to have an estimate of the amount involved to enable you to do so.  

Thank you that is good advice, I would definitely do probate myself.  Dad was in a care home for a few years before he died so most of his money was spent funding it, hopefully probate would be quite straight forward.

Before going any further, ask the solicitor to give you an idea of the size of your father's inheritance - and check that it is cash under discussion and not some 'memento' of no actual or sentimental value to you or your brothers. If the cash tips the estate's value over the £5,000 mark and probate is required at a fee of £273, you need to make sure the inheritance is more than the fee!

snowdrop1967

Marcon said:

snowdrop1967 said:

Keep_pedalling said:

The thing about it going to intestacy is rubbish but they may demand probate to release his inheritance to you. Tell them you are happy to apply for probate yourself if it is necessary but that you need to have an estimate of the amount involved to enable you to do so.  

Thank you that is good advice, I would definitely do probate myself.  Dad was in a care home for a few years before he died so most of his money was spent funding it, hopefully probate would be quite straight forward.

Before going any further, ask the solicitor to give you an idea of the size of your father's inheritance - and check that it is cash under discussion and not some 'memento' of no actual or sentimental value to you or your brothers. If the cash tips the estate's value over the £5,000 mark and probate is required at a fee of £273, you need to make sure the inheritance is more than the fee!

Thank you, when my brother spoke to the Solicitor for our great uncle's estate he asked how much it would likely be. They said that although they had not released details of the value of the Estate to the beneficiaries as they were still in the early stages of administering the estate.  However they could confirm that your dad's share would certainly run into the tens of thousands and so the costs of obtaining his Grant would be comfortably met.

poppystar

snowdrop1967 said:

Marcon said:

snowdrop1967 said:

Keep_pedalling said:

The thing about it going to intestacy is rubbish but they may demand probate to release his inheritance to you. Tell them you are happy to apply for probate yourself if it is necessary but that you need to have an estimate of the amount involved to enable you to do so.  

Thank you that is good advice, I would definitely do probate myself.  Dad was in a care home for a few years before he died so most of his money was spent funding it, hopefully probate would be quite straight forward.

Before going any further, ask the solicitor to give you an idea of the size of your father's inheritance - and check that it is cash under discussion and not some 'memento' of no actual or sentimental value to you or your brothers. If the cash tips the estate's value over the £5,000 mark and probate is required at a fee of £273, you need to make sure the inheritance is more than the fee!

Thank you, when my brother spoke to the Solicitor for our great uncle's estate he asked how much it would likely be. They said that although they had not released details of the value of the Estate to the beneficiaries as they were still in the early stages of administering the estate.  However they could confirm that your dad's share would certainly run into the tens of thousands and so the costs of obtaining his Grant would be comfortably met.

Surely they will need to give you a more exact figure so that you can give the value of the estate on the Grant application?