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  • FIRST POST
    • pearl123
    • By pearl123 15th Jan 20, 4:00 PM
    • 1,563Posts
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    pearl123
    Applying Grant of probate in uk / plus land abroad.
    • #1
    • 15th Jan 20, 4:00 PM
    Applying Grant of probate in uk / plus land abroad. 15th Jan 20 at 4:00 PM
    A quick question. Can I tackle only part of probate?
    Can I apply for Grant of probate to deal with my mothers estate in the UK. Ie money and house, which come under the 300.000.
    So i get all the uk details together and sort it out myself to save money.

    Can I then get a international solicitor to do the second part. A foreign or international solicitor to see to the more complex sorting out of valuing land abroad of which i have no clue where to start.
    Last edited by pearl123; 15-01-2020 at 4:02 PM.
Page 1
    • xylophone
    • By xylophone 15th Jan 20, 4:23 PM
    • 32,002 Posts
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    xylophone
    • #2
    • 15th Jan 20, 4:23 PM
    • #2
    • 15th Jan 20, 4:23 PM
    https://www.penningtonslaw.com/news-publications/latest-news/2018/navigating-the-complexities-of-worldwide-wills-and-foreign-assets

    Would you not be best advised to take expert, qualified advice?
    • Keep pedalling
    • By Keep pedalling 15th Jan 20, 4:24 PM
    • 7,366 Posts
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    Keep pedalling
    • #3
    • 15th Jan 20, 4:24 PM
    • #3
    • 15th Jan 20, 4:24 PM
    You will have to include the foreign property on the the UK IHT forms. Whether separate probate will be needed for the foreign property rather depends on which country.
    • pearl123
    • By pearl123 15th Jan 20, 4:49 PM
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    pearl123
    • #4
    • 15th Jan 20, 4:49 PM
    • #4
    • 15th Jan 20, 4:49 PM
    So far I've just released money in uk banks without getting a grant of procession.
    The land is either worthless or near worthless, as it has access issues. However, it still need to be accounted for.
    My mother is English and she inherited a small amount of land in France.
    • xylophone
    • By xylophone 15th Jan 20, 6:45 PM
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    xylophone
    • #5
    • 15th Jan 20, 6:45 PM
    • #5
    • 15th Jan 20, 6:45 PM
    So far I've just released money in uk banks without getting a grant of procession.
    Banks have their own rules about how much cash they will release without a Grant but assuming that your mother was the sole proprietor, you will definitely need one to deal with the property.
    • Savvy_Sue
    • By Savvy_Sue 15th Jan 20, 9:40 PM
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    Savvy_Sue
    • #6
    • 15th Jan 20, 9:40 PM
    • #6
    • 15th Jan 20, 9:40 PM
    I thought I'd read a similar situation, so here is more detail on Pearl's situation.

    If the land abroad has no value, then that might simplify applying for probate in the UK ... does not resolve the foreign land situation, which is why expert advice is suggested. Whether it's worth it of course we can't know!
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    • pearl123
    • By pearl123 15th Jan 20, 9:45 PM
    • 1,563 Posts
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    pearl123
    • #7
    • 15th Jan 20, 9:45 PM
    • #7
    • 15th Jan 20, 9:45 PM
    I thought I'd read a similar situation, so here is more detail on Pearl's situation.

    If the land abroad has no value, then that might simplify applying for probate in the UK ... does not resolve the foreign land situation, which is why expert advice is suggested. Whether it's worth it of course we can't know!
    Originally posted by Savvy_Sue
    I suppose the simple solution is to ask a English solicitor for advice.
    Last edited by pearl123; 15-01-2020 at 10:06 PM.
    • -taff
    • By -taff 16th Jan 20, 1:21 AM
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    -taff
    • #8
    • 16th Jan 20, 1:21 AM
    • #8
    • 16th Jan 20, 1:21 AM
    I don't know what he situation is in France but I do know that any will here has no bearing on what would happen to property in Italy, it would fall according to their laws of inheritance or if a will had been made in Italy.
    You might find that France is the same, but you need advice from a solicitor/;awyer/notary there...
    • Keep pedalling
    • By Keep pedalling 16th Jan 20, 8:30 AM
    • 7,366 Posts
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    Keep pedalling
    • #9
    • 16th Jan 20, 8:30 AM
    • #9
    • 16th Jan 20, 8:30 AM
    I suppose the simple solution is to ask a English solicitor for advice.
    Originally posted by pearl123
    The UK will is perfectly valid fo French property.

    https://www.wansbroughs.com/files/WTTPGUIDES%20-%20French%20Will.pdf

    What you are going to need is to to get professional help in France to both get a proper valuation and to sell the land. No land is totally valueless although legal fees might cost more than its worth, but you don’t really want to lumber your executor with the same problem so the time is right to off load it once and for all.

    In the mean time you can still get on with applying for probate in the UK. If you have not got a valuation for the French property by the time you have all the UK assets sorted, you can still submit IHT 205 with an estimated nominal value. You only need to notify HMRC of any change to that value if it takes the estate over her NRB of 325k (up to double that if she was a widow). This must be done with 6 months of the original submission.

    You certainly don’t need a UK solicitor at this stage.
    • pearl123
    • By pearl123 16th Jan 20, 10:58 AM
    • 1,563 Posts
    • 2,222 Thanks
    pearl123
    The UK will is perfectly valid fo French property.

    https://www.wansbroughs.com/files/WTTPGUIDES%20-%20French%20Will.pdf

    What you are going to need is to to get professional help in France to both get a proper valuation and to sell the land. No land is totally valueless although legal fees might cost more than its worth, but you don’t really want to lumber your executor with the same problem so the time is right to off load it once and for all.
    Originally posted by Keep pedalling
    The land has no road access and has somehow a trespasser who is storing stuff on it.
    Years ago a solicitor said it was worth nil value. The solicitor at the time tried to sell it for a token gesture and nobody was interested.
    Can I get a valuation of the land and then ask a french solicitor to deal with the technicalities of probate? If I ask a french solicitor to get a valuation it might cost more. (There is also zero mention of the land in the uk will)
    Also can I apply for a grant of probate in the uk and then later if I feel anything is too complex, pass it onto a solicitor?
    Thank you for the link.
    Last edited by pearl123; 16-01-2020 at 11:25 AM.
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