AMA as a wills and probate solicitor

[Fi16]

AMA

Thank you for doing this AMA @Fi16.I hope I’m not too late with my question, which has been weighing on my mind. I recently discovered by chance that I am named as executor (along with 2 aunts) on a grandparent’s will. Grandparent died 8 years ago; there is a surviving grandparent, I presumed the assets were joint, the aunts were executors and didn’t think much of it.

However the aunts, as much as I love them, have done a terrible job. Now I’ve dug into it, I can see that his sole asset, the house, was held as tenants in common with surviving grandparent, and the will specified a trust to be set up with surviving GP to live in it until death, and his half then to be distributed according to will. No IHT payable BUT probate was never applied for, and trust wasn’t set up.

is this kind of balls up common - and am I likely to get into trouble and fined when I finally put in the probate application? A charge was registered against the property to reflect the (non-existent) setup, so I need to do something or I think we will have a bigger mess to untangle after surviving GP dies. Argh!

hi yes you do if you haven’t got a contemplation of marriage or civil partnership in your old wills s18 wills act 1837 would have revoked your existing wills upon your civil partnership x

I haven’t dealt with any personally but I would think in that situation there could be a strong claim by the minor child. Those claims should be brought quickly (within 6 months of the Grant of probate / letters of admin ) . The court can look at joint assets in 1975 claims also. I would seek further advice quickly on that this one x

Hi @Fi16 if I'm not too late, could you tell me what value you use on IHT forms for a PET - the value at the time it was given or the present day value (where the value has increased). Thank you.

I have what I hope is a very quick question.

My husband and I wrote (DIY) wills leaving everything to each other before we got married so the wills have my maiden name. We are now married and my surname has changed - do they still stand as nothing has changed with our wishes. We are each other beneficiaries with no one else involved unless we both go at the same time and then it goes to our nieces and nephews.