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Executor issues,probate and inheritance tax etc

hooperswan

Registered User
Dec 22, 2016
105
0
I think it is good that you are seeking reassurance from us that the process can be straightforward if it is adding to your worries at this time and the reassurance helps. However all of this could be a long way off still so I wouldn't give it more thought at the moment. Everything falls into place at the time as you cross things off your 'to do' list.
Thanks you're right,we had a relaxing day today and watched some films,I had my feet resting on the end of mums bed with my fleece over me and the cat joined us too,it was a good family day.
 

Susan11

Registered User
Nov 18, 2018
2,772
0
Thanks you're right,we had a relaxing day today and watched some films,I had my feet resting on the end of mums bed with my fleece over me and the cat joined us too,it was a good family day.
Sounds great. Glad you had such a nice day.
Susan
 

MrsV

Registered User
Apr 16, 2018
200
0
Northamptonshire
Hi Hooperswan
Are you expecting to have to to deal with this soon?
The order is that when your Mum dies you have to apply for Probate and that gives you the authority to administer the estate according to the Will or the the rules of Intestasy .
Maybe you're worrying about it too soon. I'm only doing it now as my Mum died in November.
Susan
Hi There,
My sibling and I are wondering about the same thing, for when the time comes, so we can be prepared. As we would need money from mum's estate to pay for her funeral. Will the funeral directors wait if it takes months and months to obtain permission/probate?
Thanks
 

love.dad.but..

Registered User
Jan 16, 2014
4,690
0
Kent
Hi There,
My sibling and I are wondering about the same thing, for when the time comes, so we can be prepared. As we would need money from mum's estate to pay for her funeral. Will the funeral directors wait if it takes months and months to obtain permission/probate?
Thanks
As happened with father and father in law funeral bill, it can be sent by the funeral director directly to the bank who then settle the amount from the deceased's bank account...providing of course there are sufficient funds in the account.
 

MrsV

Registered User
Apr 16, 2018
200
0
Northamptonshire
As happened with father and father in law funeral bill, it can be sent by the funeral director directly to the bank who then settle the amount from the deceased's bank account...providing of course there are sufficient funds in the account.
Ah ok many thanks for that too.
Mum is in a CH, so we have to go through all Mums possessions in order to empty her house, obviously the large items will have to be disposed of as my siblings and I don't want them, or have space for them. we cant wait until Mum's passed away to open her Will, as all this has to be done now. So are we not supposed to do this?
 

Lynmax

Registered User
Nov 1, 2016
649
0
It may still be possible as others have said and certainly worth doing. I did my wife's Lasting Powers of Attorney (both finance and property and health and welfare) using the online system and found this very straightforward. This was completed shortly after diagnosis whilst she still had the ability to comprehend but not necessarily remember. A fsmily friend acted as certificate provider and we had a sociable signing session along with coffee and biscuits. If it is explained in sufficient but not too much detail, the certificate provider is happy that the donor understood at the time and is not being coerced, and she (the donor) is able to sign in the appropriate place then that ought to be enough.

The online LPA process is not daunting or difficult. It helps to know the terminology (as used in this post) and there is good guidance on this on the Gov.uk website.

Once a LPA is registered Office for the Public Guardian will issue a validated hard copy. it would be a good idea at that point to make some donor certified copies. These are useful when you come to use the LPA and a copy is requested by whichever organisation you are dealing with. It would be extremely unwise to let the original validated version leave your possession but a properly certified copy ought to satisfy requirements. In practice this is a photocopy of the validated document with a specific form of words on each page, some additional wording on the final page and the donor's signature on each page. I prepared the copies with the appropriate wording and then asked my wife to sign without further explanation.

You can print them with a footer, different footer on last page.

Mum is in a CH, so we have to go through all Mums possessions in order to empty her house, obviously the large items will have to be disposed of as my siblings and I don't want them, or have space for them. we cant wait until Mum's passed away to open her Will, as all this has to be done now. So are we not supposed to do this?
We had to clear mums house recently when she went in a care home as we are going to rent it to help with the fees. I have to admit we never thought of her will, if any items were promised to someone. But we do have a copy of her will, pretty sure it is valid, as mum had a copy in her paperwork which
Out of curiosity, how do we know if we do have the latest copy of mums will, are they registered anywhere or is it just guesswork?
 

Lynmax

Registered User
Nov 1, 2016
649
0
Apologies for the post above, no idea what happened, hopefully this makes more sense.

We had to clear mums house recently when she went in a care home as we are going to rent it to help with the fees. I have to admit we never thought of her will, if any items were promised to someone. But we do have a copy of her will, pretty sure it is valid, as mum had a copy in her paperwork which I am going through.
Out of curiosity, how do we know if we do have the latest copy of mums will, are they registered anywhere or is it just guesswork?
 

Duggies-girl

Registered User
Sep 6, 2017
2,248
0
Apologies for the post above, no idea what happened, hopefully this makes more sense.

We had to clear mums house recently when she went in a care home as we are going to rent it to help with the fees. I have to admit we never thought of her will, if any items were promised to someone. But we do have a copy of her will, pretty sure it is valid, as mum had a copy in her paperwork which I am going through.
Out of curiosity, how do we know if we do have the latest copy of mums will, are they registered anywhere or is it just guesswork?
My dads copy of his will was in an envelope with the solicitors name on it which is where it was kept.
 

love.dad.but..

Registered User
Jan 16, 2014
4,690
0
Kent
My parents gave me copies of their wills, the original with their paperwork, I have done the same with my children. We have never used a solicitor but iiiif someone had stored their will with the solicitor you might find some sort of relevant paperwork to tell you who they are. It may be even if you can't find out that the solicitor may have registered the will on the National Will Register but not all do. Presumably if the executor exhausts all search options and cannot trace a will then intestacy rules are followed as though there wasn't a will written.

I knew what simple wishes and bequeaths were in my parents wills, no items were bequeathed specifically just monetary however dad's house had to be sold and cleared for his care home funds and in that scenario you can only make the best decision at that time and if you do not know or can't find out whether material item bequests have been set in the will, this would not be unusual for some, then I would just carry on doing what you need to do under the legality of power of attorney, in clearing a house to release funds for the donor you are working in their best interests. If Auntie doesn't get the vase that you discover subsequently is listed in the will, I think that is reasonable in the clearance and disposal of possessions that was needed. If anything of value is found in clearance and funds are needed, a case for selling such would be that the proceeds are needed for a care fund pot during the person's life not holding onto for inheritance reasons. It is possible also taking the vase example that the person forgets since writing the will a few years ago that the vase has been bequeathed and sells it or breaks it so an Executor can only do what they can do with the knowledge from the will and what they find after death. I really wouldn't worry at this stage.Others may be along with more thoughts.
 
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MrsV

Registered User
Apr 16, 2018
200
0
Northamptonshire
My parents gave me copies of their wills, the original with their paperwork, I have done the same with my children. We have never used a solicitor but iiiif someone had stored their will with the solicitor you might find some sort of relevant paperwork to tell you who they are. It may be even if you can't find out that the solicitor may have registered the will on the National Will Register but not all do. Presumably if the executor exhausts all search options and cannot trace a will then intestacy rules are followed as though there wasn't a will written.

I knew what simple wishes and bequeaths were in my parents wills, no items were bequeathed specifically just monetary however dad's house had to be sold and cleared for his care home funds and in that scenario you can only make the best decision at that time and if you do not know or can't find out whether material item bequests have been set in the will, this would not be unusual for some, then I would just carry on doing what you need to do under the legality of power of attorney, in clearing a house to release funds for the donor you are working in their best interests. If Auntie doesn't get the vase that you discover subsequently is listed in the will, I think that is reasonable in the clearance and disposal of possessions that was needed. If anything of value is found in clearance and funds are needed, a case for selling such would be that the proceeds are needed for a care fund pot during the person's life not holding onto for inheritance reasons. It is possible also taking the vase example that the person forgets since writing the will a few years ago that the vase has been bequeathed and sells it or breaks it so an Executor can only do what they can do with the knowledge from the will and what they find after death. I really wouldn't worry at this stage.Others may be along with more thoughts.
Hi there Love.dad.but,
Thanks for that info. Yes, we thought along similar lines too. We have to empty the house and vacate of Mums things, as the new people need to move in. Its basically just household items, and personal effects, which in reality will go to a charity shop. Sentimental memories, or anything of value will be kept aside until Mum passes, when we will open her Will. A horrible business going through your parents personal things, it feels like snooping. It makes you realise about setting your own things in order as one day my own children will have to do this for me :(.
 

love.dad.but..

Registered User
Jan 16, 2014
4,690
0
Kent
Hi there Love.dad.but,
Thanks for that info. Yes, we thought along similar lines too. We have to empty the house and vacate of Mums things, as the new people need to move in. Its basically just household items, and personal effects, which in reality will go to a charity shop. Sentimental memories, or anything of value will be kept aside until Mum passes, when we will open her Will. A horrible business going through your parents personal things, it feels like snooping. It makes you realise about setting your own things in order as one day my own children will have to do this for me :(.
Sorting mum's things after she had died felt totally different to dad's when his house was sold, you are right it felt deceitful as he had no idea and intrusive but had to be done sadly. I am gradually sorting through our stuff for the same reason.Good luck
 

northumbrian_k

Registered User
Mar 2, 2017
1,080
0
Newcastle
Having said that I can't help there is something worth mentioning. Some while ago I changed my will in terms of my beneficiaries. This was as much about benefit to some as it was about detriment to others. It did mean that someone who might 'expect to inherit' would not. I wrote a letter to be stored alongside my will explaining why I had made these changes, in case of any legal challenge. I have a copy of the will and letter stored in an envelope which indicates where the originals are held.

This shows that it is best to check if a will is in fact the most recent version and also to be aware of the possibile existence of a letter of wishes where a will has changed or is different from one's expectations.
 
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