The correct steps to follow with probate

YorkshireRich123

I have read info for hours and hours on MSE, gov website etc. admittedly I may have missed and forgotten things along the way. I have read lots on the forums but every situation is slightly different etc. I am coming on here for some guidance, if possible.

I will try keep this as simple so people don’t switch off half way through. I will start by saying this has not been made easy due to my mum not dealing with any finances. she has only just in the past few months started using a phone, banking app etc. I have had to contact everyone but this is not easy as my mum is the next of kin, not me.

In March, my father passed away. My mum was adamant he had a will but after extensive digging (paying for will searches) and phoning SRA (as we thought it may with a solicitor that was closed down), we came to a dead end and couldn’t locate one.

I am the eldest son, and there is my younger Brother and my Mother (his wife). Some of the money from my Fathers bank accounts has already been transferred to my mums accounts, but we have to wait for some money/shares when we complete probate.

He had a property in Spain, and we have now received the Spanish will which just states it’s 50/50, so that’s fairly simple at least. The house in Uk only had my father on the deeds (no mortgage, or debt). I need to get it valued don’t I, even if we don’t have any intention of selling?

I believe our next step is IHCT400 (and ICHT417). Only once that form is complete do we complete the POA1A form? We plan on completing the POA16 form as my mum wants us just to deal with it. I am not exaggerating when I say she has never dealt with any companies/financial institutions before.
I believe we send both the POA1A form and POA16 form off together, and attach the Spanish will with those?

My brother says we should complete the “deed of variation” also, as everything can just go to my Mum. I’m assuming that can be done today before the other forms?

My Fathers private pension is not sorted yet in the slightest, but I believe that doesn’t affect me completing the PA1A form. 


I looked at it all last night and I felt like I just wanted to put my head in an oven if I am honest. I have spent what feels like my life the last few months submitting death certificates and identification and now I feel like I’m finally at the next stage, it looks a lot tougher. We have spent money on a notary here in the UK and a Spanish solicitor to be POA in Spain, but I’m determined not to just throw money at someone to do a few forms for us if I can help it.

Many thanks in advance for guidance/reassurance. It really is appreciated

Keep_pedalling

Assuming your parents live in England or Wales under intestacy rules your mother inherits the first £322k of his estate and 50% of the remaining. If you and your brother make a deed of variation and all of his UK estate passes to your mother things then you probably will not have to make an IHT return as it will be an exempt estate.

The Spanish property could complicate things however if the value uses up his NRB. What is the value of that property?

YorkshireRich123

https://forums.moneysavingexpert.com/discussion/comment/82073385#Comment_82073385

thankyou for your quick response. My mum lives in England, as did my father. The Property in Spain is worth around 95,000 Euros I believe.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/82073389#Comment_82073389

OK, so if the entire UK estate goes to your mother, the Spanish property does not carry an IHT issue regardless of whoever inherits it other than effecting the amount of transferable NRB that can be passed to your mother’s estate.

You can apply for letters of administration no need to go through a IHT return first. You have 2 years from the date of his death to make a DoV but I would get that done ASAP.