1. MaNaAk

    MaNaAk Registered User

    Jun 19, 2016
    1,399
    Essex
    Hello Everyone!

    I seem to have one thing after another. I wake up with all sorts of things going through my head and now my brother (who won't talk to me on the phone) is asking for mum's will for probate. I don't remember ever seeing mum's will! She passed away in August 2008 and her will was probably made in the early eighties when we bought the house. I remember going to the solicitors with dad to sort out the will after her death and everything would have gone to him. The solicitor concerned has since retired and the company was taken over by another solicitor which has dad's will. I could be wrong but wouldn't mum's will have been made obsolete if everything went to dad. My brother thinks we could be fined £53000 if we don't find it! He will be phoning the solicitors on Monday I couldn't do this because I don't really know what they're asking. My friend has said she doesn't know how I am coping with all this.

    MaNaAk
     
  2. Jale

    Jale Registered User

    Jul 9, 2018
    308
    Female
    Why on earth would your brother want your mum's will after all this time? I feel for you having to keep facing these problems at a time that family should be pulling together.
     
  3. nitram

    nitram Registered User

    Apr 6, 2011
    19,227
    Male
    North Manchester
    If, as stated, the mother left everything to the husband his IHT exempt allowance will be doubled to £650K
     
  4. MaNaAk

    MaNaAk Registered User

    Jun 19, 2016
    1,399
    Essex
    Apparently this is something to do with the probate form but I believe that this was kept at the solicitors office and there was probably no copy given out. This was a will that was made in the eighties and I thought that it would have become obsolete when dad made his. No wonder I need to see a counsellor!

    MaNaAk
     
  5. Pete1

    Pete1 Registered User

    Jul 16, 2019
    227
    Male
    Hi @MaNaAk, I think you are worrying unnecessarily, everything would have passed to Dad in law (without a Will - it isn't actually required) - you aren't expected to keep a Will after probate is settled. You won't be fined anything, I'm not sure anyone trying to settle the estate will be bothered in the slightest.
     
  6. nitram

    nitram Registered User

    Apr 6, 2011
    19,227
    Male
    North Manchester
    If there was a will which dd not leave everything to dad the the amount not left to him would not be added to his IHT exemption.
     
  7. MaNaAk

    MaNaAk Registered User

    Jun 19, 2016
    1,399
    Essex
    This is exactly what I thought. Tomorrow my other brother is coming round to look for a needle in a haystack as well. I have other things going on such as a student and a surveyor for my broken boiler. I spoke to my youngest brother's partner just now told her how I feel. She is lovely but she doesn't understand and now both of my brothers know that I am considering seeing a counsellor but neither of them are all that concerned. Where would I be without my friends, pupils, colleagues and neighbours?

    MaNaAk
     
  8. MaNaAk

    MaNaAk Registered User

    Jun 19, 2016
    1,399
    Essex
    I am letting my brother get on with phoning the solicitors and they can all just get on with it.

    MaNaAk
     
  9. SofaSoGood

    SofaSoGood New member

    Nov 22, 2019
    6
    Male
    Hampshire
    All UK wills are - after death & probate - public documents and anyone is entitled to see them & pay for copies. If he wants a copy he can easily get one
    We have copies of many of our ancestors’ wills from long ago because my parents were keen on genealogy
    I’m too new to add a link for you, but it’s easy to find on gov.uk
    It only costs £1.50 too!
     
  10. Jessbow

    Jessbow Registered User

    Ashas been mentioned above, IF everything went to you dad, yours Mums inheritance tax allowance wont have been used, That means it added o your fathers estate.

    it would mean the difference between your father paying ( or not paying inheritace tax from HIS estate.

    it really isnt your brother being difficult, is something he really does need, and could potentially save paying the taxman thousands of pounds
     
  11. jugglingmum

    jugglingmum Registered User

    Jan 5, 2014
    5,305
    Female
    Chester
    On a quick google, HMRC require copies of the will, probate and other docs to let your mum's unused inheritance tax allowance pass to your dad and reduce the inheritance tax your dad's estate has to pay.

    There is a 6 month deadline from end of the month in which death occured by which the tax has to be paid, otherwise interest is charged. You can't apply for probate until the tax has been paid, or application to defer payment has been made.

    As it is I think coming up to 6 months after your dad died, this is why your brother needs this paperwork urgently. He isn't being awkward, it is a legal requirement if the tax is to be reduced.

    If your father died after 5th April 2019 (I think he did) there is also the family home allowance of £150k.
     
  12. MaNaAk

    MaNaAk Registered User

    Jun 19, 2016
    1,399
    Essex
    Thankyou everyone.

    My other brother and I have sent what we've got to him.

    MaNaAk
     

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