Register homemade Will or not

[happyhacker]

My mother made a home-made Will all duly signed but not registered. It is a simple Will naming me as executor with easy disbursement of her funds. No complications as no shares or property or debts and she is in a Care Home part funded by the LA. She has a small insurance which pays out on death. Total assets well under 20K. I being her daughter have no problem with dealing her wishes which are simple.

I have spoken to a retired Solicitor and he says it may be better just to apply for Administration.

Anyone any advice on whether to register the will or not? Many thanks.

 

[Banjomansmate]

You would have to register LPAs with the OPG before they can be used while the donor is alive but you don’t need a Will until somebody dies.

 

[Lemondrizzle]

Not sure what that solicitor is talking about unless he believes the existing will has not been witnessed properly and it would be difficult now to get that done. You do not need to register a will, just make sure the whereabouts of the original are known.

As an aside, solicitors don't often know about issues outside their own expertise. I had a stand off with my then employer who was adamant that you could only do an LPA through a solicitor (the firm of course did charge obscene amounts of money to do it!) even though I assured him I had just sucessfully dealt with one myself. LPA was not his speciality, he employed someone in a different branch office to undertake that aspect of work.

 

[Banjomansmate]

Maybe the solicitor is talking about when the Will comes into play, I.e. when your Mother dies, you would not need to go to Probate because the estate is too small.

 

[nitram]

...you would not need to go to Probate because the estate is too small.

Agreed, probably no need for probate, just sign an indemnity.
Most likely exception is the small life insurance.

 

[Spamar]

The only reason I had to get probate was the two ISAs that OH had. Both firms wanted to see the probate forms.

 

[theunknown]

Not sure what 'registering' the will means (I'm in the UK). My husband and I made 'mirror' wills in 2019 and they're lodged with the solicitor who drew them up. My mum's will was in the safe-care of her solicitor and, as her executor, I was thankful for that because I could get hold of it to execute it. I've had to do different things with her bank accounts (no other assets) than I would have done if my mum's estate was under £30,000.
As far as I'm aware, even if someone draws up a will at home, as long as it's witnessed and dated, it's just as valid as any other will, in that it can be used as evidence of that person's wishes. The problem(s) would arise if that piece of paper was contested. In your and your mum's case it doesn't seem as if that's an issue.

 

[happyhacker]

Not sure what this 'Indemnity' is. Who issues it? Or where does one get one?

 

[theunknown]

I can understand that Spamar. Without a probate grant my mum's bank and building society wanted to have sight of the original will. In order to gain probate I needed to hand over the original will to the govt probate department. Once that's happened it becomes a public document and you don't get it back. When I applied for probate I ordered three copies, but after sending off one original document to the building society I'm still waiting to hear if the money has been transferred. I'm not sending off another original document to the other bank until I know that's happened.

 

[nitram]

Not sure what this 'Indemnity' is. Who issues it? Or where does one get one?

The institution allowing you to withdraw the money may ask you to sign a document indemnifying them of any responsibility if the will is not proved by probate, meaning that if anything goes wrong it's your fault not theirs

 

[Lemondrizzle]

The issue with the original post is the two different definitions:-

Probate - what you apply for after a death when a valid will has been made and you need to liquidate the estate
Letters of Administration - what you apply for after a death when you need to liquidate the estate

We recently had to obtain probate for an estate because one bond value exceeded that particular institution's "floor" amount which is what they will pay without it. Santander paid out everything across multiple accounts without probate as the total was below their floor. The Executor had to sign an indemnity confirming they would be liable if anyone else came forward to legitimately claim the funds. As stated, the bank supplied their own indemnity form.

@the unknown - you can register a will in the UK if you wish but it is not compulsory and only really has usefulness if someone is going to have to search for the presence of a will. Where the whereabouts are clearly known there is really no need.

 

[Banjomansmate]

Well, we live and learn, I had never heard of registering a Will as mine is kept by my solicitor and my family know where it is.

 

[theunknown]

I needed probate because my mum had a will and the money with the two financial institutions involved is above the maximum they'll release without that, or (in the case of no will) letters of administration. In both cases I have a bereavement 'request to close' account(s) form and have to sign an indemity section, taking all responsibility for any decisions made by me in regard to the accounts. Thankfully, for me, the will, and the estate are really straightforward. But I'm still so glad that my mum made the will and I could get hold of it because I know what I do is in light of what she wanted. I just wish I didn't have to do it.