probate question

Hello
I desperately need a bit of advice.
When applying for a probate do they check the financial figures that you give them.
Let me explain a little. I'm not trying to decieve anyone firstly. The amount isn't anywhere near the inheritance tax amount. We are talking at the most £12k. The thing is my sister who is a money grabbing selfish horrible person wants her half of my dear mums estate now. Not happening. I'm applying for probate because there is property involved. She has already had my fathers estate of £10k to herself because she had gambled it away. I don't want her to do the same with my mums estate too. if i state that there is less money in the bank account than there is. Do they check? Obviously when the house is sold and everything is paid out. Such as her care home fees off £16.000 i will gladly give her half to do with as she likes. but if not there will not be enough to pay the care home fees and she wouldn't be bothered by that.
Please help. Do they check the amounts you give them?
many thanks in advance
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Comments

  • CSquizzer wrote: »
    Hello
    I desperately need a bit of advice.
    When applying for a probate do they check the financial figures that you give them.
    Let me explain a little. I'm not trying to decieve anyone firstly. The amount isn't anywhere near the inheritance tax amount. We are talking at the most £12k. The thing is my sister who is a money grabbing selfish horrible person wants her half of my dear mums estate now. Not happening. I'm applying for probate because there is property involved. She has already had my fathers estate of £10k to herself because she had gambled it away. I don't want her to do the same with my mums estate too. if i state that there is less money in the bank account than there is. Do they check? Obviously when the house is sold and everything is paid out. Such as her care home fees off £16.000 i will gladly give her half to do with as she likes. but if not there will not be enough to pay the care home fees and she wouldn't be bothered by that.
    Please help. Do they check the amounts you give them?
    many thanks in advance
    You would be very unwise to make a false application.i don’t see what your sister has to dowith it. She will just have wait.
  • Thanks for your reply yorkshireman but you don't know my sister.
    Believe me i don't want to do anything that is illegal or that would get me into trouble. After all it will be me signing the oath
  • Keep_pedalling
    Keep_pedalling Posts: 16,440
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    I really dont see where you are coming from. Assuming you are the sole executor you don’t have to distribute any of the estate until you have everything nailed down and all creditors paid. She will find out the true value of the estate when you distribute it anyway, so simply tell her she gets nothing until you have finally wound the estate up.
  • Have you been to the bank(s) armed with a death certificate and attempted to collect any savings for safe keeping in your own accounts?



    Is there a Will and are you the named executor?



    Regardless of the answer to that, there's nothing to stop your sister doing what I suggested above herself.
  • Yes, i have taken some out and put it into my account. However i haven't used it for me personally obviously. And if need be i can put it back into the account.
    This is what i was worrying about. If the probate request bank statements they will see a different amount as before. But as i asked i don't know if the probate registry get bank statements directly from the bank or just rely on what i tell them and give them.
    yes i am the executor and there is only me who has all the paperwork ie the death certificate.

    This is a nightmare because my sister has already been found to have taken 2 credit loans in my mums name and address and now they are chasing my mum for the payment.
    I understand gambling is an addiction and its hard to stop. However been on the reiceving end is even harder.

    Thanks again everyone
  • Flugelhorn
    Flugelhorn Posts: 5,494
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    the question really is "how much investigation do HMRC do on the IHT form" - this is the form that has to be completed before you can do probate. It requires you to put the accurate figures ie savings / cash /debts etc.
    I presume they only investigate further anything that looks odd - presumably when it is near the threshold etc - they didn't ask for further info eg bank statements on the only occasion I did it.

    the problem you have is how you treat these loans your sister took out - they are debts on the estate but should they be considered to come out of the money your sister inherited
  • Thanks for this it is very helpful.
    I think i will just tell them the true amounts and definitely tell my sister that the debts i know of and no doubt there will be others can come out of her half of the estate.

    You have put my mind at rest and hopefully i can sleep tonight because this is driving me crazy.
    Thanks again to everyone who has replied.
  • Keep_pedalling
    Keep_pedalling Posts: 16,440
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    CSquizzer wrote: »
    Thanks for this it is very helpful.
    I think i will just tell them the true amounts and definitely tell my sister that the debts i know of and no doubt there will be others can come out of her half of the estate.

    You have put my mind at rest and hopefully i can sleep tonight because this is driving me crazy.
    Thanks again to everyone who has replied.

    Sorry, but why do the debts come have out of her half of the estate?
  • Flugelhorn
    Flugelhorn Posts: 5,494
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    Sorry, but why do the debts come have out of her half of the estate?

    I was thinking about this - the debts are to credit companies and really should be paid out of estate equally, however it could also be considered that the sister has a debt to the estate which needs paying back - example

    estate = £100,000
    estate debts in form of loans = £20,000
    money owed by sister to estate = £20,000
    total estate remains £100,000 with £50,000 to each beneficiary

    presumably sister will not have £20,000 to put back into estate so her inheritance would be £30,000?
  • CSquizzer wrote: »
    .......This is a nightmare because my sister has already been found to have taken 2 credit loans in my mums name and address and now they are chasing my mum for the payment......
    Sorry, but why do the debts come have out of her half of the estate?
    Flugelhorn wrote: »
    I was thinking about this - the debts are to credit companies and really should be paid out of estate equally, however it could also be considered that the sister has a debt to the estate which needs paying back - example

    My understanding is the debts should be the sister's as they appear to have been fraudulently obtained by the sister using the mother's name although it's for the OP to decide if he wants to open that can of worms. Maybe a threat of putting it in the hands of the Police may convince her to have them deducted from her share.
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