First time Help Needed/ Bit Of A Mess

p00hsticks

TP77 said:

This is something that is concerning me and my sibling as the partner has previous history of doing things alike this

Do I need to be informing the banks, government etc of the passing or is this for the partner to do? I'm just concerned getting into trouble for things not being actioned 

If the funeral has already taken place then a death certificate must have been issued, which would would suggest that it was the partner who registered the death. They would have been given us a unique Tell Us Once reference at that point to notify government bodies, but would not have necessarily used it. 

As for banks, if the partner had joint accounts with the deceased then it could continue to operate in just their name. .  

TP77

p00hsticks said:

TP77 said:

This is something that is concerning me and my sibling as the partner has previous history of doing things alike this

Do I need to be informing the banks, government etc of the passing or is this for the partner to do? I'm just concerned getting into trouble for things not being actioned 

If the funeral has already taken place then a death certificate must have been issued, which would would suggest that it was the partner who registered the death. They would have been given us a unique Tell Us Once reference at that point to notify government bodies, but would not have necessarily used it. 

As for banks, if the partner had joint accounts with the deceased then it could continue to operate in just their name. .  

Is there anyway if finding out if the telly is once serviced has been used? I have a copy of the death certificate 

Keep_pedalling

RAS said:

If you are executors and the will is current,  then all bank and savings accounts need to be frozen ASAP. Any joint account with the partner will become their sole property.

Otherwise they are closed. But I'd advise that you get 6 years of statements for all accounts first.

You can get those statements even after an account is frozen. I had to get a copy of an old statement on my mother’s account and the bereavement department at Barclays provided it. 

TP77

Happy new year to all.

Still no word from the solicitors to my email from the 15th (can appreciate xmas in the middle hasnt helped) so called today. The solicator that normal deals with probate isnt dealing with this case for some reason, its the owner. They did confirm that Im an executor along with sibling though.

Hopefully will get some answers soon

If one of the executors wishes to use a solicator for probate, do we all then have to use one?

Savvy_Sue

Have you seen the will yet? Is it just you and sibling as executors, or is partner also named?

And, how large and complex is the estate, and who are the beneficiaries?

Because sometimes there's a good reason to renounce being an executor, and sometimes there's a good reason for executors to use a solicitor. 

If you haven't yet seen the will, I'd wait until I had. Certainly you and your sibling could jointly instruct a solicitor, and it could get very messy if each executor instructed their own. 

But I wouldn't put up much of a fight if the will didn't make it worth my while. If most of the estate goes to partner, let them get on with it.

And even if there is a will, probate may not be needed. Forgive me if you've said, but did deceased parent own a property? And what does the will say about that? 

TP77

Thanks Savvy.

Ive seen a copy of the will and myself, sibling and partner are all executors and trustees. House is split between the 3 of us (approx guess of £350K), but partner can live there for as long as they wish/until death. Which leads on to whole load of other questions I have, as the will doesnt say either way

Rest of the estate goes to partner

Ive not been in this position before and want to make sure everything is done correctly and within time limits (if any?)

Keep_pedalling

TP77 said:

Thanks Savvy.

Ive seen a copy of the will and myself, sibling and partner are all executors and trustees. House is split between the 3 of us (approx guess of £350K), but partner can live there for as long as they wish/until death. Which leads on to whole load of other questions I have, as the will doesnt say either way

Rest of the estate goes to partner

Ive not been in this position before and want to make sure everything is done correctly and within time limits (if any?)

So the will creates an immediate post death interest trust, but it is unusual that such a will also leaves a portion of the house to the beneficiary of the trust. You and you sibling won’t actually inherit until the death of the partner as legal ownership sits with the trust and beneficial ownership with the partner. 

As they were unmarried partners this creates additional issues around IHT for both her estate and the partners estate because for IHT purposes as beneficial owner the entire house forms part of his estate.

Keep_pedalling

Your mother’s estate only has an IHT exemption of £325k as you cannot claim the residential NRB because the house has not been directly left to her children, so you are going to have to do a full IHT return before you can apply for probate. The IHT liability needs to be paid within 6 months of death. 

TP77

Apologies, partner was probably the wrong worried to use. Parent and partner are married.

The will states that the house cant be sold until either the partner/step parent decides to move out or dies

Keep_pedalling

TP77 said:

Apologies, partner was probably the wrong worried to use. Parent and partner are married.

The will states that the house cant be sold until either the partner/step parent decides to move out or dies

That makes a big difference as spousal exemption applies so no IHT liability and her NRB can be transferred to his estate.

Did the will say anything about who was to pay to maintain the house or what happens if he marries or cohabits?