AMA as a wills and probate solicitor

[Fi16]

AMA

Does it actually matter that we didn't re register DS1s birth after getting married? Both myself and DH named on the birth certificate but it has my maiden name rather than married name. DS has DHs surname on the birth certificate.

Apparently we should have re registered his birth after we got married?

Both DS1 and DS2 named in the Will using their names not just "my son's" etc so does it actually matter?

Do you personally think people should discuss their intentions regarding a will with their family/beneficiaries? Do you advise them either way?

Im thinking more in cases where someone is going outside the norm (bypassing a generation, unequal split between offspring etc)

Ok, here’s one that really bothers me. I didn’t apply for probate when a relative died during Covid lockdown but did divide the estate up as stipulated in the will. It was a relatively small estate. Can I expect to be chased up re this by the powers that be in the future?

@ItsOnlyHobnobs it depends on the situation really. We don’t advise either way generally . If they want to exclude someone then they can and it’s up to them if they say before or they find out after death. I have some clients who say that they have discussed it with family because one child is more well off than the other there is an unequal distribution or they would prefer to leave it to grandchildren etc and that’s fine. For people who are estranged from their children they just tend to exclude them and not say anything as it may alter them prematurely to a claim on the estate after death.

No it doesn’t matter. :) even if it just said ‘my sons’ or ‘my children’ then it’s clearly definable who those beneficiaries are. Its even better that they are named with their relationship so it will be absolutely fine :).

Even if you don't discuss the contents, for god sake let your executors know they're named as executors and where the original fucking will is!

I have been trying to find my mum's original as she only had a copy in the house, the original solicitors have gone under in 1994 and nobody seems to know who they were absorbed by or who took over their portfolio.

I am going to apply as if there is no will. Both executors have completed the form to relinquish their rights and provided these to me but I can't apply for probate with a sodding copy.

The will only follows the rules of intestate anyway so I don't know why she bloody bothered.

If you are only going to divide things equally between your children anyway and no other bequests, do you actually need a will at all?

Have you written wills for people that you have known would be trouble after their death or against your advice?

That can be such an issue as wills are normally prepared years even decades before they need to be used. Have you tried contacting the SRA to find out where the will may have gone ? They regulate things when firms close down.

What happens if someone dies and the executer/s do nothing about probate?

So ranty I forgot to ask my actual question.

Do I really need to go to the time effort and expense to "prove" the copy when it just follows interstate rules and it's just a 50/50 split between myself and my brother?

Would you advise against people doing Probate without a solicitor? I mean when it involves IHT and the future sale of a house in order to be able to pay the IHT.

We will need to request extra time before paying the IHT as there is no way we (two beneficiaries) can find that sort of money.

The estate has a large detached house worth around £1.2 million, and about £8k in an ISA. Savings went on care fees to stay living in own home, something we all wanted for the person (the surviving parent) because it's what they wanted.

Are HMRC understanding about situations like ours? I've heard they can be brutal.

We won't get the full tax free allowance because only one person owned the house. The other parent was not British and didn't share ownership, plus gave a big gift to the other beneficiary 2 years before passing away (long time ago now). So we expect an IHT bill of hundreds of thousands of pounds.

Thanks for your advice.

Yep, tried the SRA (useless, they have no idea what happened to this firm) and litterally every single solicitors firm I can find a phone number for in my county. A friend has helped me make all the calls.

I am gobsmacked peoples personal data could have been allowed to just dissappear like that.

Are those Will packs you can buy in WHSmith adequate for a couple no kids, straightforward wishes (equal spilt between surviving siblings)?

Is there a spouse involved?

As the law varies by country, where in the world are you?

Do you think you rip people off with charges? My parents had their wills at their solicitors, and the solicitors’ fee for probate was £6k. I elected to do it myself and it was £300.

why does private take so long if someone dies without a will? We have been waiting nearly two years!

Why would it take two years?

Who's applying for the letters of Administration to administer the estate to the beneficiaries?

Yes - who ever dies first leaves everything to the other one, and when we are both dead everything is split between the adult children.

Not if your wishes would follow the intestacy rules but you need to be sure that they do. Your executors would be appointed under these rules as well which are normally your spouse or closest bloodline relative. The only point is it’s slightly more complicated to apply for letters of administration after a death (where you die without a will) than for a grant of probate ( where there is a will). :)

Thanks, @Fi16 . If it would make things easier for them then I guess we'd better do it.

I’ve drawn up wills where I could see a potential claim against the estate happening. so for example a parent is excluding a child and I know that child won’t be happy about it. However it is their choice and we just need to advise them that the claim is a possibility :) I wouldn’t draw one up if I suspected things such as undue influence etc as that would breach our code

How is it more complicated? It's basically the same form!

Please can I check I’ve understood this correctly? DH refuses to get a will (frankly I think there’s a trauma there from being executor of his Dads estate aged 18) and says he’s happy with intestate rules.

I am younger by 4 years. If I have a will myself and we both die at the same time, because I’m younger he would be assumed to die first and my will would take over than his intestate status?