probate

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I have to value my mother's house for probate and for IHT reasons I have an interest in the value being low. How long can I wait until I HAVE to get the valuation done? — by Maria Mason — last modified 2008-12-01 13:03

I have to value my mother's house for probate and the value of the house is falling due to the housing market. Obviously for IHT reasons I have a vested interest in the value being low. How long can I wait until I HAVE to get the valuation done?

How do I execute a Will and obtain probate? — by Maria Mason — last modified 2008-11-17 14:30

How does one start to execute a Will? What documents or forms are required, where do I get them from and how do I obtain probate?

I have been left money in a Will and want to know at what age I have the right to obtain a copy of the Will from the Solicitor that holds it? — by Maria Mason — last modified 2008-11-05 12:23

I have been left money in a Will and want to know at what age I have the right to obtain a copy of the Will from the Solicitor that holds it?

For how long after a grant of probate has been issued is an Executor liable for claims made against the estate by creditors? — by Maria Mason — last modified 2008-10-22 11:15

For how long after a grant of probate has been issued is an Executor liable for claims made against the estate by creditors?

When a married person dies with a Will does the Executor still need to go through probate or will there be instances where probate is not required? — by Maria Mason — last modified 2008-10-16 16:18

When a married person dies with a Will does the Executor still need to go through probate or will there be instances where probate is not required? Also, is anyone legally entitled to see a copy of the Will e.g. is it a public document or is it private? If it is private, is there a risk that the sole Executor can execute the Will in a way that is not in accordance with the wishes of the deceased?

After a grant of probate has been issued how long is an Executor liable for claims made against the estate by creditors? — by Maria Mason — last modified 2008-10-14 18:09

After a grant of probate has been issued how long is an Executor liable for claims made against the estate by creditors?

We believe a deceased relative left a Will but we can’t find any evidence of this. How can we find out if they had a Will? — by Maria Mason — last modified 2008-10-13 13:12

We know there may be a Will for a deceased relative but we are unable to find it. How do we notify Solicitors of this? Does the Registry Office notify Solicitors from a database? Otherwise, how can we find out if they left a Will if we can’t find evidence of it?

If one of the Executors to a Will cannot be found, what can be done? — by Maria Mason — last modified 2008-09-30 11:39

If one of the Executors to a Will cannot be found, what can be done? There are two Executors but the Executor who was named first (and appears to be deemed chief Executor) divorced out of the family a number of years ago and no-one has any contact with him - or even any idea where to find him. In the event that we did locate him, I'm not sure how willing he might be to travel to sign over rights etc. Is there any action we can take to get things moving with the remaining Executor of the Will?

My mother died and left me her flat which I now wish to sell. Do I have to change the property into my name before I can sell it? — by Maria Mason — last modified 2008-09-29 15:32

My mother died and named me as the sole beneficiary of her estate. I have now been granted Probate and wish to sell her one bedroom leasehold flat. Can I sell with my mother's name on the paperwork for this property or do I have to change it all into my name before I can proceed?

Is it standard practice that people due to inherit money have to have their financial history checked before any monies can be paid to them? — by Maria Mason — last modified 2008-09-29 11:56

As a beneficiary I was recently led to believe that I was due to inherit some money from my late brother's estate. However, the probate office dealing with the claim have now informed us that they will have to do a credit search on myself to see if there are any County Court Judgements against me and, if so, any monies due to me will have to go towards paying the CCJs first before any monies can be paid to me. I was just wondering if this is a legal requirement and if it is standard practice as I thought that the probate team worked towards maximising any inheritance due. Is it necessary that people due to inherit money have to have their own financial history taken into consideration? I would really appreciate any advice or guidance you may be able to give.

I am a beneficiary of a Will but the Executors claim they can't pay out any funds yet as there are two claims against the estate. How long can the Executors hold on to the funds? — by Maria Mason — last modified 2008-09-24 14:04

I am a beneficiary of a Will where probate was granted in June 2007. However the Executors claim that there are now two additional claims against the estate and they can't pay out any funds yet. How long can they hold on to funds and is there not a time limit for any new claims against the estate?

Is there a time limit for probate to be resolved for someone dying intestate? — by Maria Mason — last modified 2008-09-15 12:52

Is there a time limit for probate to be resolved for someone dying intestate?

My father died leaving a car. My mother does not drive and wants to give the car to the grandchildren. Does the car need to be entered as an asset on the probate forms? — by Maria Mason — last modified 2008-09-15 09:56

My father died recently and owned a car of approx £2,500 value. The Will leaves all property to the surviving spouse who does not drive so would like to give the car to the grandchildren. Can my mother simply sign the registration document over to the new owner? Does the car valuation need to be entered as a personal asset when completing probate forms for IHT calculations?

I removed one of my daughters from my Will as she was going through a divorce. I now want to put her back into my Will. Should I do a fresh Will or use a Codicil? — by mariam — last modified 2008-09-08 17:06

I have three daughters and last year I removed one of them from my Will because she was going through a divorce. Now that the divorce is finalised I want to put her back into my Will. What do you recommend, a fresh Will or a Codicil? How much more expensive will it be?

I have been left half of a relative's estate, the house has been sold and probate proved. I have now been told it will be a further 12 months before I receive my money. Is this normal practice? — by mariam — last modified 2008-08-20 13:38

I have been left one half of a relative's estate. Although there were some debts to be settled, the house has been sold and probate has been proved. I have been told by the Solicitor involved that it will now take a further 12 months before I am given the money from the estate. Is this normal practice or should I be concerned?

Does a Will have to be read in the presence of a Solicitor and can a Will be contested? — by mariam — last modified 2008-08-12 13:04

Does a Will have to be read in the presence of a Solicitor and does it have to placed in the public domain? Also, can a child from a previous relationship contest a Will if no bequest is made for that child and, if so, what would the grounds be? The child in question is nearly 60 years old and has never had but fleeting contact with her biological father.

Some years ago I took my grandmother to Solicitors to make her Will. My grandmother has now died but the Solicitors are saying they don't have the original Will. What can I do? — by mariam — last modified 2008-08-12 12:25

My grandmother died recently. Some seven years ago I took her to make her Will. Since she has died I have found a copy and draft of the Will and asked the Solicitors for the original one. However, they say that they haven't got the original copy of the Will and that she probably didn't sign it, yet I took her to do this. I keep phoning them about this but I feel like they are not listening to me. I have sent them photocopies of what I have got including a invoice of payment and a letter stating to tell your executors that they have the original Will. What can I do?

When my mother died I was working overseas and reserved my power as Executor. I am now concerned with the way the estate is being handled so what is the process to get myself reinstated as an Executor? — by mariam — last modified 2008-08-06 11:57

When my mother died, I was working overseas so was advised by the family Solicitor to allow my sister to act as Executor and I reserved my power as Executor to make things easier. The Solicitor has now been dragging his heels for several years with regard to settling the estate and my sister has behaved in an underhand way regarding various things and isn't speaking to me now so I'm uneasy about the whole thing. What is the process to get myself reinstated as an Executor? I've made an appointment to see the Solicitor but would like to go in armed with some information so I know what to expect/query!

We can't find the original Will as the Solicitors have ceased trading, what can we do? — by mariam — last modified 2008-08-06 11:02

My dad passed away and we can only find a copy of the Will. I have a name and address for the Solicitors but they have ceased trading. Isn't there a place in London where all the Wills are kept? I need the original Will for probate.

I have discovered that my estranged wife has died. Do I need to do anything in order to marry my present partner? — by Maria Mason — last modified 2008-08-05 11:17

I have recently discovered that my estranged wife - whom I had not seen or heard from for 25 years - died 15 years ago. Taking this into consideration, do I need to do anything special in order to marry my present partner?