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[Help] Probate - Some Advice Please



Westdene Seagull

Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
21,025
The arse end of Hangleton
Wondering if anyone could help with some advice - done a Google but it's all a bit of a mess in my mind reading it all.

Dad died a few weeks ago. We've now had the funeral. I'm now dealing with his estate because, although, my Mum is executor of his will she isn't capable of carrying out any of the actions - physically or mentally. She is the sole benedictory of all his estate. I've started contacting banks and have some of the balances for his accounts such as ISAs, current accounts and saving accounts. Each time I've been asked if I wish to do it through Probate. To be fair they've all been very friendly and are supplying me the balances but I still don't know the answer to the question - maybe because I'm not thinking straight currently. Dad has multiple properties in B&H including his home and a property in France - all of which he co-owns with Mum. He also has multiple bank accounts for savings, ISAs and current accounts that amount to nearly £100k. So my questions are :

1. What is Probate in layman's terms ?
2. Do I need to apply for Probate ?
3. Any recommendations on a company that could manage the Probate ( if required ) ?

I've got death certs and my next port of call are his pension providers - I have used the 'Tell Once' service for anything governmental.

Thank you for any pointers.
 










A

amexer

Well-known member
Aug 8, 2011
6,209
Basically a confirmation from Government that all taxes on estate are paid. Have dealt with probate 3 times in last 5 years for family. First time instructed solicitor. Never again . Did it myself twice no problem. Forms can be downloaded including good explanations. As I completed form had several questions and help line was very good and guided me through procedure.
 




G

Glawstergull

Well-known member
May 21, 2004
1,032
GLAWSTERSHIRE
Its a chicken & egg game.
You will need probate to get control of some things, applying for probate will also mean you draw a line in the sand for now and potentially future tax liability. If all is going to your mother or she has joint ownership, particularly in France that does make it easier.
My parents had sold their french house but not repatriated the funds when they both died in 2019. Still pissing around now.
Due to the potential size of the estate and the french law i would go to a solicitor. get a quote up front.
Thinking of you.
 


thedonkeycentrehalf

thedonkeycentrehalf

Retired
Jul 7, 2003
8,625
First of all, sorry for your loss.

When you say your mum is not capable is that a long term situation? If it is, then you might want to consider discussing Power of Attorney options with a solicitor to allow you to legally make decisions on her behalf now and in the future.
 


Live by the sea

Live by the sea

Well-known member
Oct 21, 2016
4,718
Sorry for your loss .

There is some helpful probate questions and answers on the Gov website .

It guides you through what you need to do and what if any tax you need to pay .

It’s written in layman’s terms for the general public to use .

Try that first before you get involved in solicitors costs .
 




Super Steve Earle

Super Steve Earle

Well-known member
Feb 23, 2009
8,364
North of Brighton
All the stuff in joint names will go to your mum on production of the death cert. If you need Probate though, it's just form filling and a quick swear on the bible. If you have a methodical mind, you can just do it yourself. You'll have to provide exactly the same info to someone else to do it plus a chunky fee. Difficult time though and my condolences to you.
 


Thunder Bolt

Thunder Bolt

Silly old bat
Aug 18, 2009
65,507
Beside the seaside, beside the sea
I’m sorry for your loss.

If it was straight forward with just banks and a home, I would say DIY, but there’s a bit more involved, so I would contact a solicitor so nothing gets missed.
 






Publius Ovidius

Publius Ovidius

Well-known member
Jul 5, 2003
46,044
at home
Sorry to hear this mate.

I also would go down the solicitor route. But just personal preference as I am no bar room lawyer.

I would certainly look at power of attorney for your mum. That would take a lot off her mind when she will be feeling at her lowest!

Take care
 


sydney

sydney

tinky ****in winky
Jul 11, 2003
17,752
town full of eejits
did your dad not have a solicitor , did he leave a written will...?? if your mum is the beneficiary then she will need to make someone a lasting power of attorney which basically means they authorise you to handle the estate and hand over control to you ....there can be more than one and if you have any siblings it may be better if all of you are made l.o.p to allay any arguments or nastiness brewing , i'm sorry for your mum's and your loss , good luck.......i went through all this last year but my family are all in Worthing so a bit far away to offer and practicable advice re solicitors etc.....all the best.
 


Nitram

Nitram

Well-known member
Jul 16, 2013
2,178
Live by the sea said:
Sorry for your loss .

There is some helpful probate questions and answers on the Gov website .

It guides you through what you need to do and what if any tax you need to pay .

It’s written in layman’s terms for the general public to use .

Try that first before you get involved in solicitors costs .
Click to expand...

Agree, it’s all laid out quite logically and simply. Done it twice using this with no problems. French property may need further investigation. If accounts are jointly owned it’s makes things simpler.
Worth having a look at the Gov guidance before you get a solicitor involved.
 




WATFORD zero

WATFORD zero

Well-known member
NSC Patron
Jul 10, 2003
25,864
Really sorry to hear. I've used a solicitor in the past and it sounds as though your dad's estate isn't straightforward so would probably advise the same. It's a pile of work just when you don't need it. If you don't have power of attorney it maybe worth considering as it means you can do everything on behalf of you mum.

Whether you decide to do it yourself or use a solicitor, good luck.
 


A

amexer

Well-known member
Aug 8, 2011
6,209
Anything in joint names can be put in your mothers name on production of death cert. You may find very little left that was his name
 


dejavuatbtn

dejavuatbtn

Well-known member
Aug 4, 2010
7,205
Henfield
Sorry for your family’s loss.
For your mum to grant you power of attorney she must have capacity to make a contract. First get a solicitor - they should give you the appropriate advice for yours and your mum’s circumstances.
 


Silverhatch

Silverhatch

Well-known member
Feb 23, 2009
4,315
Preston Park
Applying for probate is a process that you can do as long as you're organised and precise. Apply for probate on line. It walks you through the steps. You'll need death certificate from the registrar and last will & testament and an idea of the total value of the estate (to ensure that taxes and any inheritance tax is paid). Don't rush the process. It will take time. The only issue will be the foreign property and you may need some advice on that part of the estate. The rest of it is completely doable - done it three times myself.

Power of Attorney is also completely doable online. Although as long as your mother is available to give authority to speak on her behalf and sign documents you will still be able to sort out the estate - especially as she is the sole beneficiary.
 




T

The Mole

Well-known member
Feb 20, 2004
1,091
Bowdon actually , Cheshire
I was the executor for my late father three years ago so I understand the problems you have. Only go down the probate route if you have to - I did because one of the financial companies where he had investments did.
As others have advised, get a solicitor that specialises in family law - we had problems with probate and he was able to manage it all. I would have really struggled otherwise.
Do you have power of attorney over your mother’s affairs. If not, arrange it ASAP - if you are managing them now it will help you in future. If you do, get a certified copy whilst you are dealing with the solicitor.

Some great advice I was given by a friend was to get ten copies of the death certificate when registering the death. So many organisations need them

I wish you all the best with this, it is a time-consuming task but in the end rewarding and gives you some focus whilst you grieve.
 


R

rippleman

Well-known member
Oct 18, 2011
4,570
Sorry for your loss.

If the entirety of the Estate passes between spouses then no IHT is payable on the first death. In that scenario, it is very unlikely that your father's nil rate band will be utilised and this then passes to your mother so that when she dies there are two nil rate bands available when it comes to computing any IHT payable.

If your parents had "mirror Wills" ie they both left everything to each other, you might want to ensure that your mother makes a new Will (or updates her existing Will) so that her Estate is distributed according to her wishes.

The French property could become an issue. You should notify the Notaire who dealt with the purchase as soon as possible. If French death duties arise, they become payable after 12 months following death. The French property also forms part of the Estate for UK IHT purposes so on your mother's death there could, potentially, be both French death duties AND a UK IHT liability on the French property. You then need to look at the relevant Double Taxation provisions to obtain relief. (Typically the UK would give relief for French death duties against the UK IHT liability up to the rate of the UK IHT charge. I have not looked at the relevant Double Taxation Agreement so you do need to check this out).

Good luck
 


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