No More, What If....

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  • sgx2000sgx2000 Forumite
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    sgx2000 said:
    I took it he was son-in-law, the previous thread noted that the property was TiC. I think if I was the exec, after all the initial stuff  was done, I would change the names on the LR to the 2 daughters and then leave them to it as far as the property is concerned 

    Get the probate ... Then change land registry ownership to include both daughters....
    I dont know how problematic this could be given that on of the daughters lives in America...(May even be an american citizen)
    As ownership is not going to be of any use to them while GM still requires the house it might be a better option if they agree a deed of variation to give her a life interest in his share. This should avoid a potential capital gains tax liability when the house is eventually sold.

    Do you know who she is leaving her share of the property to?
    No idea....

    I do find it eye opening how family's will turn on each other over nothing.....
  • FlugelhornFlugelhorn Forumite
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    sgx2000 said:
    sgx2000 said:
    I took it he was son-in-law, the previous thread noted that the property was TiC. I think if I was the exec, after all the initial stuff  was done, I would change the names on the LR to the 2 daughters and then leave them to it as far as the property is concerned 

    Get the probate ... Then change land registry ownership to include both daughters....
    I dont know how problematic this could be given that on of the daughters lives in America...(May even be an american citizen)
    As ownership is not going to be of any use to them while GM still requires the house it might be a better option if they agree a deed of variation to give her a life interest in his share. This should avoid a potential capital gains tax liability when the house is eventually sold.

    Do you know who she is leaving her share of the property to?
    No idea....

    I do find it eye opening how family's will turn on each other over nothing.....
    Where there's a will there's a relative.

    Yep they are unbelievable sometimes - you think they get on fine but the moment money comes into it all the old arguments and grievances emerge.

    Does Gran have any cats? Mother always threatened to leave everything to the cats' home
  • Savvy_SueSavvy_Sue Forumite
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    sgx2000 said:

    Very messy.  English daughter and grandmother are already bickering over his possessions....Even though niether have any rights over them......
    Sorry I agreed to be executor and its only a couple of day since I picked up the will.....lol
    You may need to write a polite letter to both, reminding them of the facts. Clearly you don't wish to be insensitive etc, but if there is anything left to your son that either of them would like, they need to go through you. And you need to prepare an inventory, so would it be convenient for you to visit on this date at this time for this purpose. 

    It may be worth getting someone from the local auction house in to give a valuation of the collectibles. There's likely to be a charge, but money well spent. 

    And if your son is unlikely to be interested in the collectibles, they can make you an offer, which you will check against the valuation. If there's an ongoing argument, send it to auction and they can bid if they care enough. 
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  • sgx2000sgx2000 Forumite
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    Savvy_Sue said:
    sgx2000 said:

    Very messy.  English daughter and grandmother are already bickering over his possessions....Even though niether have any rights over them......
    Sorry I agreed to be executor and its only a couple of day since I picked up the will.....lol
    You may need to write a polite letter to both, reminding them of the facts. Clearly you don't wish to be insensitive etc, but if there is anything left to your son that either of them would like, they need to go through you. And you need to prepare an inventory, so would it be convenient for you to visit on this date at this time for this purpose. 

    It may be worth getting someone from the local auction house in to give a valuation of the collectibles. There's likely to be a charge, but money well spent. 

    And if your son is unlikely to be interested in the collectibles, they can make you an offer, which you will check against the valuation. If there's an ongoing argument, send it to auction and they can bid if they care enough. 
    Wise words.....The daughter has now asked for a copy of the will (for her records)
    Obviously I am going to refuse and tell her a copy will be made available upon probate.
    In the mean time I will arrange an hour to take the original copy for her to read but not keep or copy...
    Just so there is no misunderstanding
  • Savvy_SueSavvy_Sue Forumite
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    sgx2000 said:
    Savvy_Sue said:
    sgx2000 said:

    Very messy.  English daughter and grandmother are already bickering over his possessions....Even though niether have any rights over them......
    Sorry I agreed to be executor and its only a couple of day since I picked up the will.....lol
    You may need to write a polite letter to both, reminding them of the facts. Clearly you don't wish to be insensitive etc, but if there is anything left to your son that either of them would like, they need to go through you. And you need to prepare an inventory, so would it be convenient for you to visit on this date at this time for this purpose. 

    It may be worth getting someone from the local auction house in to give a valuation of the collectibles. There's likely to be a charge, but money well spent. 

    And if your son is unlikely to be interested in the collectibles, they can make you an offer, which you will check against the valuation. If there's an ongoing argument, send it to auction and they can bid if they care enough. 
    Wise words.....The daughter has now asked for a copy of the will (for her records)
    Obviously I am going to refuse and tell her a copy will be made available upon probate.
    In the mean time I will arrange an hour to take the original copy for her to read but not keep or copy...
    Just so there is no misunderstanding
    I am not sure why you would refuse to give her a copy? I mean, I know she has no RIGHT to a copy, but is there any reason not to 'play nice' at this stage? Again, it's the clarity it brings. 

    I accept I've never had to deal with bolshie beneficiaries (my siblings knew better! and were just grateful it wasn't them!) but it keeps everything clear and reminds people of their actual entitlement rather than what they think they should have been entitled to. 

    To add to my previous suggestions, that letter I suggested could come from a solicitor without you handing over the whole probate to them. And you could also point out to them that if you have to hand the estate over to a solicitor, that the charges for that will come out of the estate, thus reducing their share. (Of course with the daughters this might mean you paying for this up front, to be repaid to you when the house passes to them, but I wouldn't necessarily point that out ...)

    Was the family previously on good terms? Another useful phrase (I feel) is something like "It would be a shame if Fred's legacy was fractured family relationships" if they were good or "Perhaps we could use Fred's passing as a time to improve our family relationships."
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  • Keep_pedallingKeep_pedalling Forumite
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    I agree they is no reason to withhold it and doing so is likely to make your job harder than it should be. 
  • doodlingdoodling Forumite
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    Hi,
    sgx2000 said:
    Savvy_Sue said:
    sgx2000 said:

    Very messy.  English daughter and grandmother are already bickering over his possessions....Even though niether have any rights over them......
    Sorry I agreed to be executor and its only a couple of day since I picked up the will.....lol
    You may need to write a polite letter to both, reminding them of the facts. Clearly you don't wish to be insensitive etc, but if there is anything left to your son that either of them would like, they need to go through you. And you need to prepare an inventory, so would it be convenient for you to visit on this date at this time for this purpose. 

    It may be worth getting someone from the local auction house in to give a valuation of the collectibles. There's likely to be a charge, but money well spent. 

    And if your son is unlikely to be interested in the collectibles, they can make you an offer, which you will check against the valuation. If there's an ongoing argument, send it to auction and they can bid if they care enough. 
    Wise words.....The daughter has now asked for a copy of the will (for her records)
    Obviously I am going to refuse and tell her a copy will be made available upon probate.
    In the mean time I will arrange an hour to take the original copy for her to read but not keep or copy...
    Just so there is no misunderstanding
    If someone took that approach with me then I would wonder why they are being obstructive.  I'd also take out my phone and start taking pictures of the will, daring them to force me to stop (I can sometimes be a little contrary :) ).

    There is no reason why the daughters shouldn't have a copy of the will, it will be a matter of public record when probate is obtained and it isn't going to change between then and now.

    I would focus on your role as executor:
    1. Secure the estate (i.e. anything of Grandfathers of value which might go walkies).
    2. Obtain probate.
    3. Get the ownership of the house changed.  It is not your problem if the result is (as others have pointed out) that the daughters are hit by capital gains tax bill when they come to sell, or that the daughters first action as owners is to take legal action to evict Grandmother and force a sale.
    4. Sort out the trust for the Grandson.
    Job done.
  • edited 13 January at 6:14PM
    FlugelhornFlugelhorn Forumite
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    edited 13 January at 6:14PM
    I agree - let them have a copy then they at least know what the situation is, then they can understand why you need to secure all the grandfather's possessions for your son and that the property will be put into their names. If they don't have a copy then they may help themselves to items assuming that it is OK to do so 
  • Keep_pedallingKeep_pedalling Forumite
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    doodling said:
    Hi,
    sgx2000 said:
    Savvy_Sue said:
    sgx2000 said:

    Very messy.  English daughter and grandmother are already bickering over his possessions....Even though niether have any rights over them......
    Sorry I agreed to be executor and its only a couple of day since I picked up the will.....lol
    You may need to write a polite letter to both, reminding them of the facts. Clearly you don't wish to be insensitive etc, but if there is anything left to your son that either of them would like, they need to go through you. And you need to prepare an inventory, so would it be convenient for you to visit on this date at this time for this purpose. 

    It may be worth getting someone from the local auction house in to give a valuation of the collectibles. There's likely to be a charge, but money well spent. 

    And if your son is unlikely to be interested in the collectibles, they can make you an offer, which you will check against the valuation. If there's an ongoing argument, send it to auction and they can bid if they care enough. 
    Wise words.....The daughter has now asked for a copy of the will (for her records)
    Obviously I am going to refuse and tell her a copy will be made available upon probate.
    In the mean time I will arrange an hour to take the original copy for her to read but not keep or copy...
    Just so there is no misunderstanding
    If someone took that approach with me then I would wonder why they are being obstructive.  I'd also take out my phone and start taking pictures of the will, daring them to force me to stop (I can sometimes be a little contrary :) ).

    There is no reason why the daughters shouldn't have a copy of the will, it will be a matter of public record when probate is obtained and it isn't going to change between then and now.

    I would focus on your role as executor:
    1. Secure the estate (i.e. anything of Grandfathers of value which might go walkies).
    2. Obtain probate.
    3. Get the ownership of the house changed.  It is not your problem if the result is (as others have pointed out) that the daughters are hit by capital gains tax bill when they come to sell, or that the daughters first action as owners is to take legal action to evict Grandmother and force a sale.
    4. Sort out the trust for the Grandson.
    Job done.
    Advice should be taken on the trust. Keeping his inheritance in trust until he is 21 could be cause him issues with HMRC, if as I suspect it is a bare trust. Not only would he be entitled to it on his 18th birthday, but he would also be responsible for the tax due on any income earned by the trust.
  • sgx2000sgx2000 Forumite
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    doodling said:
    Hi,
    sgx2000 said:
    Savvy_Sue said:
    sgx2000 said:

    Very messy.  English daughter and grandmother are already bickering over his possessions....Even though niether have any rights over them......
    Sorry I agreed to be executor and its only a couple of day since I picked up the will.....lol
    You may need to write a polite letter to both, reminding them of the facts. Clearly you don't wish to be insensitive etc, but if there is anything left to your son that either of them would like, they need to go through you. And you need to prepare an inventory, so would it be convenient for you to visit on this date at this time for this purpose. 

    It may be worth getting someone from the local auction house in to give a valuation of the collectibles. There's likely to be a charge, but money well spent. 

    And if your son is unlikely to be interested in the collectibles, they can make you an offer, which you will check against the valuation. If there's an ongoing argument, send it to auction and they can bid if they care enough. 
    Wise words.....The daughter has now asked for a copy of the will (for her records)
    Obviously I am going to refuse and tell her a copy will be made available upon probate.
    In the mean time I will arrange an hour to take the original copy for her to read but not keep or copy...
    Just so there is no misunderstanding
    If someone took that approach with me then I would wonder why they are being obstructive.  I'd also take out my phone and start taking pictures of the will, daring them to force me to stop (I can sometimes be a little contrary :) ).

    There is no reason why the daughters shouldn't have a copy of the will, it will be a matter of public record when probate is obtained and it isn't going to change between then and now.

    I would focus on your role as executor:
    1. Secure the estate (i.e. anything of Grandfathers of value which might go walkies).
    2. Obtain probate.
    3. Get the ownership of the house changed.  It is not your problem if the result is (as others have pointed out) that the daughters are hit by capital gains tax bill when they come to sell, or that the daughters first action as owners is to take legal action to evict Grandmother and force a sale.
    4. Sort out the trust for the Grandson.
    Job done.
    Thanks for the reply.....

    I am not trying to be obstructive.  
    Every solicitor forum I have been on says that the only person that should have a copy of the will until probate is the executor....
    I have shown the beneficiaries the will however.....

    Thay are all ok with this.....

    The estate is small
    The deceased half of the property is only £80,000
    His savings act.   Is so far about £57000
    Value in his personal items is probably £3000-£4000  (hundreds of very low value item)....

    Just started the process...contacted bank.. froze accounts

    I am thinking of starting a new forum thread

    "Simple estate an executors journey "

    One so I can ask for advice during the process and
    Two so that anyone else with a similar duty can see the whole process in one thread

    What do you think?

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