Do I need Grant of Probabte for my Dad's will?

bargainhunterkid · 6 January 2018 at 5:26PM

Please help or offer advice if you can anyone - would be very grateful - my Dad died last week leaving a will. My Mum is the sole executor and main beneficiary with money also being left to some immediate family members (children & grandchildren).

My Mum has a copy of the will and we've rung the solicitor who holds the original will who said they will send this to us when we send the death certificate.

Never having done this before I've now had huge panic as been reading about 'grant of probate'. ASsume this is like rubber stamping the will to make sure it's legal but no idea what to do/how to do it/costs as seems can be expensive through solicitor but would worry about getting it wrong if we do it ourselves. DOes everyone have to do this if will is left? PLease help if anyone has done this or knows what next step is. THank you.

martinthebandit · 6 January 2018 at 5:29PM

I just followed the guidance here

https://www.gov.uk/wills-probate-inheritance/if-the-person-left-a-will

Yorkshireman99 · 6 January 2018 at 5:34PM

bargainhunterkid wrote: »

Please help or offer advice if you can anyone - would be very grateful - my Dad died last week leaving a will. My Mum is the sole executor and main beneficiary with money also being left to some immediate family members (children & grandchildren).

My Mum has a copy of the will and we've rung the solicitor who holds the original will who said they will send this to us when we send the death certificate.

Never having done this before I've now had huge panic as been reading about 'grant of probate'. ASsume this is like rubber stamping the will to make sure it's legal but no idea what to do/how to do it/costs as seems can be expensive through solicitor but would worry about getting it wrong if we do it ourselves. DOes everyone have to do this if will is left? PLease help if anyone has done this or knows what next step is. THank you.

Don’t panic! It really is not that difficult to do. What is the value of the estate? Is there a property involved? You just need to be methodical and list all the debts and assets then fill in the forms. Many banks and building societies will release funds upon presentation of the death certificate and proof of identity. Plenty of advice here if needed.

Savvy_Sue · 6 January 2018 at 5:38PM

bargainhunterkid wrote: »

My Mum has a copy of the will and we've rung the solicitor who holds the original will who said they will send this to us when we send the death certificate.

If it's possible to call in and collect the original will, that might be worth while, I'm not sure I'd want the original entrusted to the post so if they're going to do that please check it will be sent signed for.

If you do go in, don't let them bamboozle you into signing up for them to do the work. It's not something you need to do in a hurry, you can work through everything gradually, and you can help your mum. If you find you DO need help with any particular aspect, you can pay for help with that.

bargainhunterkid wrote: »

Never having done this before I've now had huge panic as been reading about 'grant of probate'. ASsume this is like rubber stamping the will to make sure it's legal but no idea what to do/how to do it/costs as seems can be expensive through solicitor but would worry about getting it wrong if we do it ourselves. DOes everyone have to do this if will is left? PLease help if anyone has done this or knows what next step is. THank you.

as well as Yorkshireman's questions, are all the grandchildren over 18?

bargainhunterkid · 6 January 2018 at 11:02PM

Thanks so much for the posts. Just to clarify - is grant of probate something that needs to be done for every will when the person who made it dies, or does it depend on value of estate? Asked a friend who'd been in similar situation & he couldn't remember doing this.

So far bank/building societies saying they would close account or transfer accounts to my Mum on presentation of death certificate.

Someone asked about the estate & Estate would be mainly family home which passes to my Mum (thought anything left to my mum would be safe from IHT anyway?) money left to children & grandchildren would be way under the £325,000 IHT threshold.

But clearly if grant of probate is something we must legally do then obviously would but as right now there so much to take in wondered if grant of probate is essential? Sorry if been rambling thank you

Yorkshireman99 · 6 January 2018 at 11:22PM

bargainhunterkid wrote: »

Thanks so much for the posts. Just to clarify - is grant of probate something that needs to be done for every will when the person who made it dies, or does it depend on value of estate? Asked a friend who'd been in similar situation & he couldn't remember doing this.

So far bank/building societies saying they would close account or transfer accounts to my Mum on presentation of death certificate.

Someone asked about the estate & Estate would be mainly family home which passes to my Mum (thought anything left to my mum would be safe from IHT anyway?) money left to children & grandchildren would be way under the £325,000 IHT threshold.

But clearly if grant of probate is something we must legally do then obviously would but as right now there so much to take in wondered if grant of probate is essential? Sorry if been rambling thank you

The house may still have to be included in the value of the estate. Do you know if it was owned as joint tenants or tenants in common? You might read the stickies on this forum first.

Savvy_Sue · 7 January 2018 at 2:08AM

Generally, if there's a property involved, you need to get the grant of probate in order to remove the name of the deceased from the deeds and get the new ownership correctly registered. It's worth doing this on the first death, IMO, even if it passes automatically to a surviving spouse, because it can save difficulties on the second death - or even earlier than that if surviving spouse wants to sell it.

If it's a small estate then probably isn't always necessary: some spouses don't bother if either they are sole beneficiary and executor, or if there's no will but they are the only beneficiary. However this can cause problems on the second death, especially if it's no longer a small estate.

The question about the age of the grandchildren remains: are any of them under 18?

bargainhunterkid · 7 January 2018 at 6:50PM

Thanks - just replying to your question above - one of the grand children is under 18 - does this change things? THank you

Keep_pedalling · 7 January 2018 at 7:29PM

bargainhunterkid wrote: »

Thanks - just replying to your question above - one of the grand children is under 18 - does this change things? THank you

Not really, it just means his / her inheritance needs to be held in trust until they reach their 18th birthday. How old are they?

bargainhunterkid · 7 January 2018 at 8:16PM

17 & he will be 18 in 6 months time - does this mean the executor can hold on to the money until then & pay out in their 18th Birthday?

Keep_pedalling · 7 January 2018 at 8:27PM

bargainhunterkid wrote: »

17 & he will be 18 in 6 months time - does this mean the executor can hold on to the money until then & pay out in their 18th Birthday?

For such a short period that would be the best option. It gets tricky with young children, in that you have got to find somewhere to invest the money.

If you are in Scotland however children can inherit money at 16.

Do I need Grant of Probabte for my Dad's will?

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