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    • Edward2018
    • By Edward2018 8th Mar 18, 6:42 PM
    • 2Posts
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    Edward2018
    Do I need a solicitor?
    • #1
    • 8th Mar 18, 6:42 PM
    Do I need a solicitor? 8th Mar 18 at 6:42 PM
    I am an appointed court deputy for my father who recently passed away due to advanced dementia. I have full control of his bank accounts and he didnít leave any other assets. I also have his valid last will and testament. Can I simply carry out his wishes contained in his will or do I need to apply for probate and/or employ a solicitor to do this? Thanks in anticipation.
Page 1
    • jackieblack
    • By jackieblack 8th Mar 18, 6:47 PM
    • 7,781 Posts
    • 11,374 Thanks
    jackieblack
    • #2
    • 8th Mar 18, 6:47 PM
    • #2
    • 8th Mar 18, 6:47 PM
    Who is the named executor in the will?
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    • elsien
    • By elsien 8th Mar 18, 6:55 PM
    • 16,531 Posts
    • 41,722 Thanks
    elsien
    • #3
    • 8th Mar 18, 6:55 PM
    • #3
    • 8th Mar 18, 6:55 PM
    The deputyship is no longer relevant as it ended with your father's death, so are you an executor? . A solicitor isn't needed if everything is straightforward. Does probate depend on the size of the estate - if so, how much is in the bank accounts?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Keep pedalling
    • By Keep pedalling 8th Mar 18, 7:05 PM
    • 5,094 Posts
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    Keep pedalling
    • #4
    • 8th Mar 18, 7:05 PM
    • #4
    • 8th Mar 18, 7:05 PM
    I am in a similar position, you should no longer be doing anything with those bank accounts as you no longer have the authority to do so.

    As long as those accounts do not contain very large amounts then you should be able to wind the estate up without the need to go to probate. Make an appointment at your nearest branch, and they should be able to get the accounts closed and the funds transferred to you as the executor. If for some reason you can!!!8217;t release the funds quickly they we at least agree to pay a funeral directors invoice directly.

    I have an appointment with Barclays next week re my mothers accounts, I need to take in the will, death certificate, and some form of ID. As the amount is below their probate limit of £30,000 I am not anticipating any problem in getting those funds released.
    Last edited by Keep pedalling; 08-03-2018 at 7:08 PM.
    • Edward2018
    • By Edward2018 8th Mar 18, 7:42 PM
    • 2 Posts
    • 0 Thanks
    Edward2018
    • #5
    • 8th Mar 18, 7:42 PM
    Do I need a solicitor
    • #5
    • 8th Mar 18, 7:42 PM
    I am the named executor in the will
    • Rubik
    • By Rubik 9th Mar 18, 11:11 AM
    • 78 Posts
    • 183 Thanks
    Rubik
    • #6
    • 9th Mar 18, 11:11 AM
    • #6
    • 9th Mar 18, 11:11 AM
    Hi Edward,

    I'm sorry for your loss, I appreciate this must be a difficult time for you.

    As your father left a Will, you will need to apply for a grant of probate so that you ahve the legal authority to execute the Will and administer the estate. YOu should apply for the probate within six months of your father passing away, as any Inheritance Tax that is due must be paid within that six month period, otherwise as executor, you may incur interest penalties.

    If the estate is simple, and the IHT calculations are straightforward, then you *could* DIY - alternatively you could consider using a fixed fee probate service, so you are fully aware of the costs upfront - there should be no need for you to pay any legal fees upfront, and fees can be recovered from the estate.
    Last edited by Rubik; 09-03-2018 at 6:45 PM.
    • elsien
    • By elsien 9th Mar 18, 12:06 PM
    • 16,531 Posts
    • 41,722 Thanks
    elsien
    • #7
    • 9th Mar 18, 12:06 PM
    • #7
    • 9th Mar 18, 12:06 PM
    Ignore Rubik's post which appears to be touting for business.

    If there's only the bank accounts you don't need probate, or to pay someone else to do it.
    More information here.

    https://www.citizensadvice.org.uk/family/death-and-wills/dealing-with-the-financial-affairs-of-someone-who-has-died/#do_you_always_need_probate_or_letters_of_administ ration
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • TBagpuss
    • By TBagpuss 9th Mar 18, 12:29 PM
    • 6,570 Posts
    • 8,535 Thanks
    TBagpuss
    • #8
    • 9th Mar 18, 12:29 PM
    • #8
    • 9th Mar 18, 12:29 PM
    OP, you can't deal with anything as deputy any more, as that authority ended when your dad died. You may not need probate if the bank accounts are small and there are no other assets - each bank has its own rules about what counts as 'small', you would need to contact them with your dad's death certificate, and ask. If the amounts in the accounts are small by their standards they will get you to sign a form (basically saying that you will be liable to them if it turns out that you weren't entitled to funds, and will repay the bank if they have to pay out to someone else, which should not be a problem for you as you are the executor)

    If the accounts are not classed as small you will need probate.

    You don't have to have a solicitor but may chose to instruct one if you need advice. I'd suggest in that case that you contact a local solicitor you can met face to face. They will be able to explain their charging rates and give you an estimate of costs, which will depend on how much work is needed.
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