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Grant of Probate issues

Discussion in 'Legal and financial issues' started by Flake, May 15, 2017.

  1. Flake

    Flake Registered User

    Mar 9, 2015
    I have received Grant of Probate. As stated before my Brother has not been overly helpful with matters and we are joint Executors of my Mothers Will. She has left the property to us jointly and the cash in the Bank to me. I have registered the Probate with the Bank and they have opened a separate account in my name for transfer of all monies and for payment of anything that is due. I will, once it is transferred, pay all outstanding bills and bequests. As Executor should by Brother be on the account as no funds are left to him and he is already suggesting that he should get half. Wuld appreciate your comments. Thank you xx
  2. love.dad.but..

    love.dad.but.. Registered User

    Jan 16, 2014
    #2 love.dad.but.., May 15, 2017
    Last edited: May 15, 2017
    I have recently had probate through for my Dad. If your brother was named also as executor did you officially reserve his power so that only you are named as executor on the probate? By some institutions I was asked and the probate confirmed I was the only one named and I got the impression that all executors if named on probate were to be involved in opening bank accounts but if your bank has allowed just you and your brothers power wasn't reserved then perhaps not.This is what I did for my sister so that it made it possible for just one executor to deal with everything. Presumably the property will be sold and those funds will need to go into a bank account which if funds are to be shared, opening an executor account may stop the waters getting muddied. If the will is clear and has been proven with grant of probate then your mothers wishes are clear that the cash is for you only and not for sharing and your brother inherits half the property or half the residue cash after sale expenses. I would imagine if you both agree to keep the property you will need advice on change of name on deeds/land registry although it sounds as though he would want to realise his inheritance as cash rather than property!
  3. nicoise

    nicoise Registered User

    Jun 29, 2010
    obviously I don't know the detail of your mum's finances, nor the actual wording of the will, but it may be necessary for you to use some of the cash from your mum's bank account to pay any outstanding debts from her estate such as the funeral, utilities or care fees, unless there are any further savings or refunds due to the estate.

    There is also the matter of paying the maintenance costs for the house until it is sold - insurance p, council tax and utilities for instance. That is presuming the two of you wish for it to be sold and then split the final proceeds? That money has to come from somewhere before sale proceeds are available to refund it.

    And it sounds as though your brother doesn't actually understand that the Will has to be followed - he can't just have half of the money in the bank (or Executors account as residue) if that isn't what has been written in the Will.

    It might be an idea for the two of you to have a short appointment with a solicitor to explain the Will clearly if your brother doesn't understand - a professional third party can be a safe way of clarifying things.
  4. realist1234

    realist1234 Registered User

    Oct 30, 2014

    I would not worry about the separate account being only in your name. The fact is if your brother's name was added, he could then withdraw any money he thinks he's entitled to, and the bank wouldnt be any the wiser. If that happened, how would you get it back?Personally I would do what youre doing.

    If the will states that the only inheritance your mum has left your brother is a half-share of the home, then that is all he is entitled to. It seems to me she had her reasons for doing that. The money in her bank account belongs to you solely. You could still choose to give him some of it, but as he appears to have shown little interest previously...Personally I would be keeping to my mum's wishes.

    The deeds to the house will need to be changed to you and your brother's names. And then decide if you want to sell etc.

    As has been suggested, if your brother continues to push you on the money, you should arrange a meeting with the solicitor - a legal professional may give him pause for thought!
  5. nicoise

    nicoise Registered User

    Jun 29, 2010
    If you and your brother wish to sell the house as soon as Probate is granted, then you won't need to transfer the title to yourselves with the Land Registry - that can be done at the time of sale by the solicitors acting for you.

    Getting a formal valuation of the house as at date of death will be necessary as you two might be liable for Capital Gains Tax should the value increase by the time it is sold. That valuation can come via estate agents, or a qualified Chartered Surveyor if Inheritance Tax is payable, as HMRC sometimes check that valuation.
  6. Flake

    Flake Registered User

    Mar 9, 2015
    Thank you all or your replies. My brothers partner is now buying my share and I am not sure what their plans are. Im not even sure my Brother knows what he is doing apart from getting confused about Capital Gains Tax, Inheritance Tax and Stamp duty. I have instructed a solicitor to act on my behalf and as the money has been left to me it is fine to be in an account in my name. I have been advised to keep an accurate account of money coming in and what is paid out.

    I feel that I just want to have time to grieve for my Mum and as I have just collected her ashes feel that I need to get everything settled to achieve this.
  7. nicoise

    nicoise Registered User

    Jun 29, 2010
    I am glad you have found a solution to sorting out Probate and the house ownership transfer.

    Unfortunately these financial and administrative issues can bring a lot of stress with them, just when you are at your lowest ebb with dealing with loss.

    It may well also be a good way of avoiding conflict with your brother, and maintaining a family relationship with him - I do hope that proves to be the case :rolleyes:

    Focus on looking after yourself now, and do your grieving in peace. The forum can continue to be a support after loss if that would help you. Best wishes :)

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