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  • FIRST POST
    • SandraScarlett
    • By SandraScarlett 30th Jan 15, 6:31 PM
    • 3,961Posts
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    SandraScarlett
    DIY Probate
    • #1
    • 30th Jan 15, 6:31 PM
    DIY Probate 30th Jan 15 at 6:31 PM
    Although I've completed the forms for friends and neighbours in the past, things changed last year, and there are far more to complete. Also I felt that doing this for my late DH would be too upsetting, so I had a free consultation with a solicitor, to discuss fees.


    I soon decided that writing my late husband's name a few times wouldn't be as distressing as writing the solicitor's cheque (!), so I downloaded all the forms, and sent everything by registered post last Saturday.


    I was heartened to see the cheque was banked on Wednesday, but amazed when I received the Oath today. All I have to do now is visit the solicitor on Monday to swear the Oath, which costs 7, post it back to the Court, and I should get the Grant of Probate in a couple of weeks.


    I was advised to use Ipswich, as they have a quicker turn around process. So for anyone debating whether or not to DIY, especially if they're the only Executor, it's not too bad at all. HTH


    xx
Page 5
    • Savvy_Sue
    • By Savvy_Sue 28th Mar 15, 2:47 PM
    • 40,015 Posts
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    Savvy_Sue
    More worrying to me, and more a cause for complaint, are those institutions who release info without such checks. Presumably those that did so have asked you to sign that you are the executor and possibly also sign some sort of indemnity. This approach is so much more open to abuse, as other threads on this board have shown.
    Originally posted by Tuesday Tenor
    I am still astonished that the phone company my late mother was with required nothing more than a telephone conversation to close her account and send a refund. And it was all done the same day.

    As I said to my co-executor, if you wanted to mess with someone's head ...
    Still knitting!
    Completed: TWO adult cardigans, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees, 2 sets of handwarmers, 1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 3 balaclavas, multiple hats and poppies, 3 peony flowers, 4 butterflies ...
    Current projects: pink balaclava (for myself), seaman's hat, about to start another cardigan!
    • SandraScarlett
    • By SandraScarlett 28th Mar 15, 7:31 PM
    • 3,961 Posts
    • 28,832 Thanks
    SandraScarlett
    I am still astonished that the phone company my late mother was with required nothing more than a telephone conversation to close her account and send a refund. And it was all done the same day.

    As I said to my co-executor, if you wanted to mess with someone's head ...
    Originally posted by Savvy_Sue


    That's amazing, but it really demonstrates the difference between organisations. Some want to know the ins and outs of a donkey's armpit before they'll even speak to you ....... and others require nothing before sending a cheque.


    xx
    • Rosie1980
    • By Rosie1980 28th Mar 15, 9:05 PM
    • 136 Posts
    • 54 Thanks
    Rosie1980
    The water companies and gas and elec required no proof but then the estate owed them money, they all put it over to my name over the phone. But then I suppose why would you steal someone's debts?
    • Carmen
    • By Carmen 14th Apr 15, 12:09 PM
    • 1,699 Posts
    • 2,798 Thanks
    Carmen
    Thank you g6,fred and T.tenor for you kind words and advice.

    Tenor, there are many reasons (unhappy story) that my dear sister named me as the executrix.

    During the early days my sister made all the relevant enquiries regarding any her pensions etc. The only thing her husband is legally entitled to is her pensions at what ever rates they stipulate.
    They had separate bank accounts, and the monies that are left in them may amount to a couple of thousand? She does have a few share that she was given when her BS became a bank (her name only)
    The house was in joint names, no problem there, no inheritance tax to consider.
    The life insurance was in her name only. BiL said he has sent papers to insurers for the claim. I shall phone the insurers tomorrow just to
    make sure the claim will cover the funeral costs, BiL has
    apparently paid 1000 already to the funeral directors.

    These matters have arisen since receiving the original will from the solictor and him telling me (briefly) that my entitlements go further than the assets she had already parted with.

    Because my planned journey home is fast approaching and I have played ostrich for several weeks alreday I hope most of the above can be dealt with within the next eight days, wishful thinking maybe!

    I did love my sister dearly and I am thankful that I have a kind, loving and understanding family that are helping me through this.
    Thanks again.
    Carmen x
    Originally posted by Carmen
    I need some more advice please.

    I have got to the stage of needing to know how the property was owned. Can anybody please guide me in the right direction? I need to know if they are/were joint tenants or tenants in common?

    The only information I have managed to acquire is, the house was bought in the name of my sister and her husband. The mortgage has on it both their names.
    Thank you
    Carmen x
    • dzug1
    • By dzug1 14th Apr 15, 12:21 PM
    • 13,359 Posts
    • 6,125 Thanks
    dzug1
    You need to check the title register with the Land Registry


    For tenants in common the wording "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court". will be there.


    If there is no such wording in the title document then it's almost certainly a joint tenancy.
    • Carmen
    • By Carmen 14th Apr 15, 1:42 PM
    • 1,699 Posts
    • 2,798 Thanks
    Carmen
    Thank you g6,fred and T.tenor for you kind words and advice.

    Tenor, there are many reasons (unhappy story) that my dear sister named me as the executrix.

    During the early days my sister made all the relevant enquiries regarding any her pensions etc. The only thing her husband is legally entitled to is her pensions at what ever rates they stipulate.
    They had separate bank accounts, and the monies that are left in them may amount to a couple of thousand? She does have a few share that she was given when her BS became a bank (her name only)
    The house was in joint names, no problem there, no inheritance tax to consider.
    The life insurance was in her name only. BiL said he has sent papers to insurers for the claim. I shall phone the insurers tomorrow just to
    make sure the claim will cover the funeral costs, BiL has
    apparently paid 1000 already to the funeral directors.

    These matters have arisen since receiving the original will from the solictor and him telling me (briefly) that my entitlements go further than the assets she had already parted with.

    Because my planned journey home is fast approaching and I have played ostrich for several weeks alreday I hope most of the above can be dealt with within the next eight days, wishful thinking maybe!

    I did love my sister dearly and I am thankful that I have a kind, loving and understanding family that are helping me through this.
    Thanks again.
    Carmen x
    Originally posted by Carmen
    I need some more advice please.

    I have got to the stage of needing to know how the property was owned. Can anybody please guide me in the right direction? I need to know if they are/were joint tenants or tenants in common?

    The only information I have managed to acquire is, the house was bought in the name of my sister and her husband. The mortgage has on it both their names.
    Thank you
    Carmen x
    • Carmen
    • By Carmen 14th Apr 15, 1:54 PM
    • 1,699 Posts
    • 2,798 Thanks
    Carmen
    Oops! Not sure what I did there.
    I have spoken to someone at the Land Registry. They could only inform me that it was registered in both names and, when they are informed of my sisters' passing they will put the name in her husbands'. As executrix I presume that will need to do that?
    Can I obtain the rest of the information from LR once I send them the details of my sisters' passing or will this information olny be given to BiL?
    Many thanks dzug1.
    Carmen x
    • dzug1
    • By dzug1 14th Apr 15, 10:02 PM
    • 13,359 Posts
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    dzug1
    AFAIK anyone can buy a copy of the title register




    https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjS xMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/


    I think they may well be wary about giving info over the phone, particularly for free
  • Land Registry
    You need to check the title register with the Land Registry

    For tenants in common the wording "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court". will be there.

    If there is no such wording in the title document then it's almost certainly a joint tenancy.
    Originally posted by dzug1
    Anyone can apply to register the death of a registered proprietor as the formal evidence required to be lodged is either the death certificate or probate in most cases.

    The issue of confirming whether they held the property as TIC or not though is not always simply a case of checking the land register as other factors can come into play.

    dzug1 rightly states that the existence of a form A restriction 'almost certainly implies' they were TIC but it may also be necessary to check wider afield as well
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • Rosie1980
    • By Rosie1980 30th Apr 15, 1:23 PM
    • 136 Posts
    • 54 Thanks
    Rosie1980
    I am sat listening to the delightful HMRC holding music while I await an adviser, I thought I might get a quicker response on here! I have finally completed the IHT400 and all associated schedules, it asks me to send copies of her Power of Attorney and Will. Do these have to be official copies or just photocopies?


    I have finally got through and they said definitely don't send originals just photocopies.
    Last edited by Rosie1980; 30-04-2015 at 1:33 PM. Reason: I have the answer.
    • Rosie1980
    • By Rosie1980 30th Apr 15, 1:24 PM
    • 136 Posts
    • 54 Thanks
    Rosie1980
    I have another question, I understand that when I go to a solicitor to swear my oath I need a copy of the Will, do the probate people send me one or do I need a certified copy done before I send it, or can I just photocopy it myself?
    • G6JNS
    • By G6JNS 30th Apr 15, 3:38 PM
    • 557 Posts
    • 362 Thanks
    G6JNS
    I am sat listening to the delightful HMRC holding music while I await an adviser, I thought I might get a quicker response on here! I have finally completed the IHT400 and all associated schedules, it asks me to send copies of her Power of Attorney and Will. Do these have to be official copies or just photocopies?


    I have finally got through and they said definitely don't send originals just photocopies.
    Originally posted by Rosie1980
    Any POA ceases upon death so is irrelevant.
    • Rosie1980
    • By Rosie1980 30th Apr 15, 7:06 PM
    • 136 Posts
    • 54 Thanks
    Rosie1980
    Any POA ceases upon death so is irrelevant.
    Originally posted by G6JNS
    Yes I know but on the IHT400 form they ask if one was used during the deceased's lifetime and if so to enclose a copy.


    I almost threw it away when Nan died as I thought it was no longer of interest to anyone, good job I hung onto it!
    • G6JNS
    • By G6JNS 30th Apr 15, 7:13 PM
    • 557 Posts
    • 362 Thanks
    G6JNS
    Yes I know but on the IHT400 form they ask if one was used during the deceased's lifetime and if so to enclose a copy.


    I almost threw it away when Nan died as I thought it was no longer of interest to anyone, good job I hung onto it!
    Originally posted by Rosie1980
    Noted. I assume the want to use it to check if the attorney made any gifts on behalf of the donor.
    • Rosie1980
    • By Rosie1980 30th Apr 15, 7:19 PM
    • 136 Posts
    • 54 Thanks
    Rosie1980
    Probably something like that.
    • ferger
    • By ferger 4th May 15, 12:36 PM
    • 73 Posts
    • 30 Thanks
    ferger
    I have another question, I understand that when I go to a solicitor to swear my oath I need a copy of the Will, do the probate people send me one or do I need a certified copy done before I send it, or can I just photocopy it myself?
    Originally posted by Rosie1980
    The probate registry send it, attached to the oath - I had to do it a couple weeks ago. I was disappointed to find that I didn't have to actually read the oath, I was mentally rehearsing my best Olivier delivery in the solicitor's waiting room :-)
    • Savvy_Sue
    • By Savvy_Sue 4th May 15, 2:26 PM
    • 40,015 Posts
    • 37,345 Thanks
    Savvy_Sue
    The probate registry send it, attached to the oath - I had to do it a couple weeks ago. I was disappointed to find that I didn't have to actually read the oath, I was mentally rehearsing my best Olivier delivery in the solicitor's waiting room :-)
    Originally posted by ferger
    You've missed out! I don't remember having to read it a few years ago at the Probate Registry, but we did have to read it at the solicitors last year (or was it early this year?) Anyway, it was all a bit of a mish-mash, because my co-executor and I don't swear, we affirm, and the solicitor couldn't find the exact wording for affirming a grant of probate, so we had to amend one of the other sets of standard words.

    Whereas at the probate registry, as soon as we said we weren't going to swear, the registrar found the right form of words straight away. But then I guess he only has one situation he's ever asked to deal with, whereas a solicitor might have to do all sorts.
    Still knitting!
    Completed: TWO adult cardigans, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees, 2 sets of handwarmers, 1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 3 balaclavas, multiple hats and poppies, 3 peony flowers, 4 butterflies ...
    Current projects: pink balaclava (for myself), seaman's hat, about to start another cardigan!
    • ferger
    • By ferger 4th May 15, 10:51 PM
    • 73 Posts
    • 30 Thanks
    ferger
    I didn't even get to formally affirm really, it was a very casual affair. Solicitor only really sought to check that I understood all the text that the probate chaps send out and then stamped and scribbled away. All a bit disappointing!
    • SandraScarlett
    • By SandraScarlett 16th May 15, 6:43 PM
    • 3,961 Posts
    • 28,832 Thanks
    SandraScarlett
    Mine was quite dramatic and artistic! I had to hold the Bible and repeat after the Solicitor. It cost 7.


    xx
    • Mojisola
    • By Mojisola 16th May 15, 8:14 PM
    • 31,499 Posts
    • 80,756 Thanks
    Mojisola
    Mine was quite dramatic and artistic! I had to hold the Bible and repeat after the Solicitor. It cost 7.
    Originally posted by SandraScarlett
    That's what I had to do - very formal!
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