AMA as a wills and probate solicitor

[Fi16]

AMA

This is absolutely awful, I am so, so sorry you are going through that nightmare. You and your poor husband, suffering like that it's horrendous. IHT can be incredibly cruel and just as we are grieving.

People picture IHT as affecting the wealthy, but actually a lot of us aren't wealthy at all, but our parents lived in a house that due to being in London changed from being very modest to expensive over the decades. We don't have anywhere near the funds needed to pay IHT before the house sale.

Right now, our surviving parent is still alive, but has been near death several times. Doctors have given us the 'is passing away' talk in the side room.

I am dreading grieving and having to deal with IHT without the funds to pay. I have been through years of cancer treatments, I literally can't face what is ahead with this IHT nightmare. This is why I am trying to get some of it sorted in advance, like maybe the forms and solicitor? We can't delay applying for probate considering the house can't be sold till that comes through. The parent's neighbour's house was on the market for 2 years recently.

I am thinking of you and your husband, @Gingercar

What is the strangest item you've encountered someone including in their will?

when I worked in probate fees were fair. However the charges involved really vary depending on the estate and what you are asking the solicitor to do. if it was an application for a grant only and not dealing with any assets it would be around £600. If it was dealing with assets and essentially closing all bank accounts and selling property etc that fee would much much higher likely in the thousands like you have said but it does all depend on the individual case. X

Assuming a straightforward estate with no problematic family dynamics (and no trusts beyond children not being able to access their inheritance until 18/21) do you feel that a self-written will using clear logic statements is likely to be sufficient? Or alternately, in such circumstances, have you many/any experiences where a clearly and logically self-written will is subject to any problems (and if so, what were they)?

It could be for a number of reasons but two years does sound like a long time. What seems to be the delay ? If it’s without a will the wait can be longer but I haven’t encountered 2 years before. X

My late parents had a death box 😂
it had everything we needed

we discussed will in advance and how it was being dealt with

made things so much easier for everyone

Would revoking your executorship remove you from any financial responsibility (in terms of large debt) from the deceased?

I don't know if they still do it but you used to be able to get a book from Age Concern that you filled in with all the useful info your loved ones would need. It was really handy as it asked you things you might not have thought of yourself.

If an Executor does the leg work, closing accounts etc, where should any monies released go? Is it OK to have them go into the Executor's account as there are still bills etc to be paid pending grant and sale of property. At what point do the assets stop being part of the Estate and become the beneficiaries' assets?

Would revoking your executorship remove you from any financial responsibility (in terms of large debt) from the deceased?

My DH and I have children from previous marriages between us. Is there a type of will we can draw up now that we agree on that cannot be undone in the future after one of our deaths eg I die, DH can’t turn opt to exclude my DD or give it all to a new girlfriend?

My sister has only been left 10 thousand pounds in our mother's will. The solicitor advised a no contest clause so that if my sister contested the will she would lose the 10k. The reason was because my sister is very abusive but my Mother did not get around to writing a statement about it for the solicitors. Has my sister got a good chance of contesting the will do you think?

If DS2 was born after you married he is legitimate but your DS1 is not. Your marriage does not legitimise DS1’s birth unfortunately- only a re registration will do this. You were advised to re register his birth to legitimise it to avoid DS2 challenging DS1 over the will. We were also advised to do the same at the registry office as the registrar explained It is a little-known law dating back to Henry VIII - DS2 might be unsuccessful in his claim (especially as there is a will) but a court would have to hear it nevertheless. Things happen down the line that no one expects so if you want to dot the i’s, it’s best done if you can. There is no time limit, the registrar told me she’s had 30year old kids having their birth reregistered with their 60+ yo parents to avoid any issues over wills…

It depends when you renounce if you have had no involvement then you should be fine. If you have ‘meddled’ in the estate already the I would take further advice. :)

Sometimes probate will allow you to apply online which is straightforward if letters of admin sometimes it permits you to apply online and sometimes it doesn’t then you need to fill out a paper form and send it to a different registry. It all depends on the circumstances. For example where I have had to apply on paper and send to a different registry it has sometimes taken a bit longer. You also have to give a bit more info on the paper forms to show the person applying to deal with the estate is entitled x

Mutual wills are an option but are rarely offered now as they can cause problems. Making trust wills is much more effective to deal with this type of risk. There are different types so I would take advice re the different structures out there. It may sounds complex but actually they aren’t x

It’s impossible to say really without full facts but she as a child could be an applicant. It doesn’t mean she would be successful. It depends on her circumstances for example if she is vulnerable in any way. However her bad conduct would equally be considered by the court. X

it Depends when this was done x

Sorry just a quick question on your query. When did you make your will. Was it before or after you were married ? X

Hi,

A very close relative died and I was his nok so was first to his house. I searched for any documents which would tell me definitively what he wanted, should he die, and found a will he had written, but it wasn’t through a solicitor. There was one person in that will who he had since fallen out with, but in the absence of another will, I gave it to the executor.
This person was asked to pick up my relative’s ashes from the funeral home, by the executor, and did so, but refused to pay an extra £60 for the biodegradable boxes I had asked for, so we had to divide the ashes into Tupperware. This is still annoying me. This guy got around 20k, and although he didn’t know at the time that he was going to get that, he knew they were estranged- wouldn’t pay the £60, but accepted all of the money from the will.
None of it was my money; it was earned by my relative, who hadn’t (as far as I know) changed his will… but had told other people he intended to.
It just sticks in my craw that this mean spirited bloke has been given all of this money, when he wouldn’t even part with the £60. He’s rich enough; it wasn’t because he couldn’t afford it.
Is it too late to contest that- over a year since the will was settled? I don’t even want the money- I just don’t think he deserves it. It wasn’t a will written up by a solicitor.

If the will was his last will and it was executed correctly then there’s not much that can be done unfortunately. The rules are quite strict on that and I know it can seem unfair x

I’m assuming your relative had not married since the first Will was written ?

After. We were married when DS1 was 10 months old.

DP and I have a will in place, which basically
leaves everything to each other, and if we both died at once, it goes to our kids equally.

We are not married. Will either of us pay inheritance tax if we were to pass? We own a property (with mortgage) each but haven’t yet merged ownership of them. If we were to pay IHT, are we best to just name each other on the properties so they’re jointly owned?

I understood this part about illegitimacy but if DS1 is named in the will as a beneficiary surely his legitimacy is kind of irrelevant seen as I could leave money to anyone I choose as long as I name them.