1. Raggedrobin

    Raggedrobin Registered User

    Jan 20, 2014
    1,427
    I am wondering when the time comes, whether it really is worth getting a solicitor to do the probate for Mum's affairs. There is just me and my sister and I have PoA and Mum's finances are very simple and I am in charge of them. Her tax should also be simple. There are no other relatives or beneficiaries in the will and my sister and I are the executors.

    Has anyone done the probate themselves and did you find it easy or difficult. I can't see why it is worth paying the money for a solicitor to do it?
     
  2. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,776
    Salford
    There are a lot of hoops to jump through, one hell of a lot, old bank accounts, long forgotten insurance policies, when my mum died they were still coming out of the woodwork 2 or 3 years later. I hired a local solicitors on a fixed fee of £1,200 and I bet they regret doing it for that price more than I do.
    Your situation (from what you've said) sounds fairly straightforward and if you have the time you could save some money it depends on the time you have available and how good your attention to detail is, mistakes can cost money and "Her tax should also be simple" well don't even go there from my experience, nothing to do with the tax people is ever simple.
    K
     
  3. lin1

    lin1 Registered User

    Jan 14, 2010
    9,320
    Female
    East Kent
    #3 lin1, Oct 27, 2015
    Last edited: Oct 27, 2015
    Hi. I did probate for mum 5yrs ago. It is not difficult really, but it comes at a rather er emotional time.

    I am down as extecutrix for Dad and have no qualms about doing it again, but we are all different, at the time you may feel that its a bit too much for you, I must admit at being a bit overwhelmed by it all, because it was the first I ever I had done it.

    Just remember that you don't have to complete probate in X amount of time, break it down into bite sized portions.

    It's much easier if you do the inheritance tax and probate forms online

    Their Are two things you may not know about, I didn't, the wonderfull people on here did though.
    Notifying a persons death to The London Gazzette and in one local paper, you need to do this Asap.

    Keeping very thing for 12 years.

    I hope this helps
     
  4. Spamar

    Spamar Registered User

    Oct 5, 2013
    6,982
    Suffolk
    #4 Spamar, Oct 27, 2015
    Last edited: Oct 27, 2015
    Hi Raggedrobin
    I am just doing probate for OH. If things are straightforward it should be easy. You do have to swear on oath. I went to local solicitor and it cost me £7. Probate itself cost around £200. You may need house valuation. Tell estate agents your parents are thinking of selling, not that you want a figure for probate -that might cost more money!

    The estate has to be under £1m, in my case it all came to me, there was a couple of other things, neither of which applied. You can phone the probate office, very helpful and they will tell you. Often you don't need probate anyway BUT if anyone asks for it, it has to be done. I did all the forms, sent them off and probate has been granted. The firms that wanted probate were the firms we both had ISAs with. The chancellor, in the last budget has allowed ISA s to be passed between spouses/partners without losing the ISA wrapper. Neither firm seemed to be aware of this!!

    The other organisation that, apparently, always wants probate is NS&I. I was prepared to ignore them, cos he only had £4 worth of premium, but as I had to get probate, I'll probably get round to claiming my £4 back!

    Hope this helps!

    Just read above two posts. I had dealt with OHs affairs for many years, so no unexpected surprises and all neatly filed! That helps a lot.
    Thanks Lyn for reminding me absolutely London Gazette and local paper. I must do that myself!
     
  5. lin1

    lin1 Registered User

    Jan 14, 2010
    9,320
    Female
    East Kent
    #5 lin1, Oct 27, 2015
    Last edited: Oct 27, 2015
    That was a very good deal.

    I remember that IHT form oh so well, then joy of joys found I could complete it online and it automatically worked out all the figures for me.

    Something crept out of the woodwork last week, mum n dad had a joint account in a building society, I dealt with it 5yrs ago and have the proof, it was put solely in dads name, then last week out of the blue came a letter from them addressed to mum, it was the annual review of the account.
    To say the least we weren't pleased. Hopefully they will get it right this time.
     
  6. jan.s

    jan.s Registered User

    Sep 20, 2011
    7,352
    Hi there
    I did probate myself for Roger. I had simplified his finances in recent years. There was only me involved in inheritance, so most things just passed to me.

    I had hoped to get away without probate, but one insurance company refused to pay out without it, so it had to be done.

    I admit I didn't find it difficult. I just took one step at a time with it.
     
  7. lin1

    lin1 Registered User

    Jan 14, 2010
    9,320
    Female
    East Kent
    Hi Spamar. I do have my uses :D
     
  8. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,493
    Female
    Near Southampton
    I didn't have to go through probate as the nursing home had taken most of my husband's capital but although there was a notice of death in the local paper , I've never even heard of the London Gazette. Is this in case of long lost missing distant cousins being informed of a possible inheritance?
     
  9. jan.s

    jan.s Registered User

    Sep 20, 2011
    7,352
    Yes Saffie, in case there are any claims to be made on the estate. There is a time limit for claims, and once the period has expired, no further claims can be made. I didn't put it in, because I didn't feel it necessary, but if anything comes out of the woodwork, they can still make a claim.
     
  10. Spamar

    Spamar Registered User

    Oct 5, 2013
    6,982
    Suffolk
    Lin, of course you do and I for one have been grateful for it many times. Wasn't trying to upset you! My apologies if I did. S
     
  11. cragmaid

    cragmaid Registered User

    Oct 18, 2010
    7,942
    North East England
    Because there was only my sister and I, and Mum's estate consisted of two joint accounts with me and a few bits of jewellrey, I didn't have to apply for probate. She had no income and her tax liability was nil, her bequests were simple ones ( cash gifts to church and nephews/niece) and the balance between me and my sister.
    My husband was executor for my late sister 19 years ago and had to have probate, however it was really quite sraightforward to him. He was a bank manager though, so forms and figures were bread and butter to him!
    I think the one thing you must do is read everything thoroughly and then take your time.

    Solicitors can be good, but they are dealing with many cases so things generally take a lot longer hence the high fees.
     
  12. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,493
    Female
    Near Southampton
    I think some people must go through probate when it is not necessary.
    My sister did for my mother and she no longer owned a house and she had limited capital and she also did it for her son and he owned virtually nothing financially.
     
  13. lin1

    lin1 Registered User

    Jan 14, 2010
    9,320
    Female
    East Kent
    Dear Spamar , you didn't upset me at all , i hope I didn't upset you as that wasn't my intention.
     
  14. nicoise

    nicoise Registered User

    Jun 29, 2010
    1,806
    By the time my mum died, I had been handling her finances for some years, and had sorted things out for her after dad died.

    So I knew where all the accounts and assets were, and there were no surprises. There was an element of overseas assets, probate to be applied for and IHT to be paid.

    And whilst it was a little arduous, it wasn't very complicated, especially after having run someone else's financial (and pretty well everything!) life. And if you've survived applying for LPA you'll cope with this.

    The forms look far more scary than they turn out to be!

    So I'd say go ahead and tackle it yourself if you feel like it, but if you feel you don't want the additional "stuff" to deal with then pay a solicitor.
     
  15. cragmaid

    cragmaid Registered User

    Oct 18, 2010
    7,942
    North East England
  16. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,776
    Salford
     
  17. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,493
    Female
    Near Southampton
    #17 Saffie, Oct 27, 2015
    Last edited: Oct 27, 2015
     
  18. Spamar

    Spamar Registered User

    Oct 5, 2013
    6,982
    Suffolk
    As I said, if anybody asks for probate, you have to do it. Even if there is no other obvious reason for doing it.
     
  19. Rheme

    Rheme Registered User

    Nov 23, 2013
    159
    England
    If property is involved then probate is required.

    The adverts in the London Gazette and a local paper is to release you from any liability re claims from creditors coming out of the woodwork.

    It is also adviseable to do a bankruptcy check on the beneficiaries as if any have been made bankrupt then their entitlement needs to be paid to their creditors and not the beneficiary. Failing to do so and if something comes to light later on will leave the Exectuors jointly liable.
     
  20. Raggedrobin

    Raggedrobin Registered User

    Jan 20, 2014
    1,427
    many thanks everyone for your replies, much appreciated. i have been simplifying Mum's accounts and fortunately before she got dementia she had made very sensible notes on everything so there shouldn't be any surprises.

    She does have a house, though, so it sounds as if I will have to do probate. The only three people I can think that will ask for it, though, are her bank and the tax people.

    Re the house, I would want to get if valued anyway so thanks for the tip of not mentioning it is for probate.

    I had never heard of the London Gazette thing, thanks for that. i would anyway use the local paper.

    Indeed if I don't feel up to it I will use a solicitor, one can't know in advance now one will feel but i read that it can cost £6000 or so and as all I would be doing is supplying them with info I would have anyway, seems unecessary.

    Re Mum's will, there is a cooy of it in her home and one with the solicitor. Presumably we need to go to the solicitor to check that the will she left at home is her final one. Do they charge much for that bit, does anyone know?
     

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