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Will I need probate?

we jointly own our house and a rental, have our own stocks& shares ISA’s and our own cash ISA’s, our own and joint bank accounts and a joint bond. We have a mirror will, everything to the one who is left…..when one of us dies will probate be required or will the death certificate and the will be sufficient , or will we need a a grant of probate, thanks in advance

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Comments

  • p00hsticks
    p00hsticks Posts: 14,913 Forumite
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    In my experience (from dealing with my fathers estate) it will depend how much is in the ISAs - I had to get probate because the Building Society had a probate limit of £20k and his cash ISA had more in it.

  • Keep_pedalling
    Keep_pedalling Posts: 22,562 Forumite
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    You won’t need it for any of the joint assets but unless the ISAs are relatively small it will be needed for those.

  • NedS
    NedS Posts: 5,130 Forumite
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    You can check individual institutions limits for accessing accounts without probate. Most financial institutions publish these limits.

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  • Flugelhorn
    Flugelhorn Posts: 7,602 Forumite
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    I needed probate for a 50k Nationwide ISA

  • SiliconChip
    SiliconChip Posts: 2,191 Forumite
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    But it's not just ISA's, the OP says "our own and joint bank accounts", so for the own accounts again it will depend on how much is in them, it's quite likely that the limits banks will set are lower than for ISAs which could make probate more likely.

  • Shylock_249
    Shylock_249 Posts: 207 Forumite
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    I've kept a record of Probate limits for accounts I hold, I just asked Google for probate limit for "x" provider and here is the reply.

    Charter

    35k

    Close Bros

    20k

    Kent

    35k

    Paragon

    20k

    Virgin

    35k

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  • Keep_pedalling
    Keep_pedalling Posts: 22,562 Forumite
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    Whatever you do don’t change how you hold sole assets just to avoid probate, it really is a fairly simple process so reducing your potencial income or increasing the number of accounts just to avoid it is just not worth it.

  • Shylock_249
    Shylock_249 Posts: 207 Forumite
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    I (Shylock249 - Minister of Good Ideas) wrote to Rachel from Accounts making a suggestion that couples of a certain age, let's say 65, should be able to merge their ISAs into joint ISAs (ie, new creation) and that way avoid Probate.

    I understand the rules but it seems strange to me that me and my wife could hold a joint account of a million in Paragon or Close Bros bank and a small ISA each of 20k and on death of one of us (NOT me, I'm gonna live for ever or die trying) we just need a copy of the death certificate to amend the one million joint account but when we try to access the 20k ISA both of those banks would demand Probate. Rachel has yet to reply!

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  • p00hsticks
    p00hsticks Posts: 14,913 Forumite
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    Given that 'ISA' Stands for Individual Savings Account that idea would appear to be a non-starter…

  • Shylock_249
    Shylock_249 Posts: 207 Forumite
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    Obviously, that's why I asked Rachel to consider a new creation.

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