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Original poster

To ask about Probate

42 replies

Figuringitout · 26/02/2021 21:24

Please would someone more knowledgeable than me explain what (if anything) can be done in this situation.
Person A took out several life insurance policies and left detailed instructions about payment amounts. When Person A died all accounts were in order and had been accurately worked out. Person B was married to A and the will names them as sole beneficiary. The estate is not worth more than £350,000. All monies from insurance polices have been paid to B once death certificate/ will have been produced. However, one Insurer requires Probate before the money can be released (it’s a significant amount, but less than some of the other payouts).
Person B has a lot of admin to deal with, and has not been required to get Probate for any other reason. They are aware that the process is lengthy, complicated and could be costly if a solicitor is needed.
The policy documents and terms and conditions make no mention of the word ‘Probate’ and B is of the opinion A (who has been meticulous with financial provision) would not have taken the policy out (and left them with additional admin) had they known Probate would be required.
The insurer is refusing to budge. Ombudsman would require probate in order to investigate.
Is there anything else that could be done other than applying for Probate? If the policy was missold - could this be proved seeing as the person who took it out is now dead?
Sorry if this is confusing.
Thank you for reading.

OP posts:
Trumplosttheelection · 26/02/2021 21:37

Nah you're stuck with this. They can ask for probate. It's entirely up to the institution with an account or policy to decide if they want it.

Trumplosttheelection · 26/02/2021 21:39

I don't think it's life insurance as such. That pays out to a beneficiary. I think this is a policy with death benefit that pays out to the estate hence the probate. You can do it yourself. It's not too complicated.

Obbydoo · 26/02/2021 21:42

Just apply for probate, it's a half hour job for you to do and it comes though in about 6 weeks. It would be a million times quicker and less hassle to get probate than it would be to faff around with ombudsman. I imagine you wouldn't have a leg to stand on. Why wouldnt you just apply for probate?

Atalune · 26/02/2021 21:45

You can do probate yourself. It’s a lot of for filling. But you do not need a solicitor.

JewelTheft · 26/02/2021 21:48

We recently used Farewill to deal with probate, and they did it all for a much lower cost than any solicitors had quoted, were efficient and talked us through every step of the process - might be worth a call to them to establish if it is necessary, and if it is then i would recommend using them.

kerosene20 · 26/02/2021 21:49

Probate is a very simple probate and a solicitor can do it for £700. You’ve probably spent more energy trying to avoid it than it takes in all honesty.

kerosene20 · 26/02/2021 21:49

*process

Wickstead · 26/02/2021 21:50

Similar situation when I executed my Gran’s will. One place asked for probate despite not being much in the grand scheme.

Was quick and easy ... and not expensive.

Just get probate.

Wickstead · 26/02/2021 21:51

I did it myself, didn’t need a solicitor other than to sign some paperwork which cost a few quid.

TheLostDiadem · 26/02/2021 21:52

I’m waiting for a probate to come through that was applied for before Christmas. It’s all taking a lot longer than normal.

Newkitchen123 · 26/02/2021 21:53

I did it myself.
It's easy.
Didn't take long
Think it was £200
All done and dusted with the grant of probate in less that two weeks.
That was all in the middle of lockdown

Original poster
Figuringitout · 26/02/2021 21:55

@Obbydoo

Just apply for probate, it's a half hour job for you to do and it comes though in about 6 weeks. It would be a million times quicker and less hassle to get probate than it would be to faff around with ombudsman. I imagine you wouldn't have a leg to stand on. Why wouldnt you just apply for probate?
I was told it can take a year to come through.. obviously that was not accurate. I can (and will) apply but I am irritated that the policy did not make the need for it clearer when it was taken out. This is the main issue I have to be honest. The faff of Probate is secondary.
OP posts:
Doublechins · 26/02/2021 21:56

I did probate myself it's honestly not that hard and I wouldn't waste money on a solicitor for it. There is a charge but I don't remember it being a lot a few hundred pound I think:

CavernousScream · 26/02/2021 21:56

You’ll just need to apply for probate. I suspect person A didn’t get around finishing all the administration or they’d have had these life insurance policies held in trust so they didn’t form part of the estate.

Original poster
Figuringitout · 26/02/2021 21:57

@Newkitchen123

I did it myself. It's easy. Didn't take long Think it was £200 All done and dusted with the grant of probate in less that two weeks. That was all in the middle of lockdown
Thank you - this is reassuring. It’s also the added burden of admin at a time when life is already feeling overwhelming.
OP posts:
CavernousScream · 26/02/2021 21:57

Probate is taking longer than six weeks at the minute, but it won’t be a year.

JustLoveBarneyRonay · 26/02/2021 21:58

I've just done probate- did it myself on the website, had the grant of probate within four weeks, that was last month.

StepOutOfLine · 26/02/2021 21:58

@Obbydoo

Just apply for probate, it's a half hour job for you to do and it comes though in about 6 weeks. It would be a million times quicker and less hassle to get probate than it would be to faff around with ombudsman. I imagine you wouldn't have a leg to stand on. Why wouldnt you just apply for probate?
I wish. We have a probate application ongoing since last June. We've been told currently taking 12-18 months.
letsnotscaretheneighbours · 26/02/2021 21:59

@Figuringitout is the policy in trust or not? That makes a big difference because if it is in trust there will be no reason for probate.

TheLostDiadem · 26/02/2021 22:02

The one I applied for before Christmas I was told to expect back by the end of summer. It’s frustrating as I can’t put the house on the market until the probate comes through so it’s just sitting there costing money.

JewelTheft · 26/02/2021 22:04

Our application went in in October, and we got the grant of probate back just after new year, so about 12 weeks

Original poster
Figuringitout · 26/02/2021 22:09

[quote letsnotscaretheneighbours]@Figuringitout is the policy in trust or not? That makes a big difference because if it is in trust there will be no reason for probate.[/quote]
No - not in trust. But the will only has one beneficiary. I’m sorry, I’m not that familiar with what all of this means. Other money has been paid without the need for Probate.

OP posts:
Original poster
Figuringitout · 26/02/2021 22:10

@JustLoveBarneyRonay

I've just done probate- did it myself on the website, had the grant of probate within four weeks, that was last month.
And is it fairly straightforward? Expensive? I am new to this and want to help with the admin as much as I can
OP posts:
Newkitchen123 · 26/02/2021 22:13

If you pay a solicitor, I think you pay a percentage of the estate rather than a fixed fee but I'm not fully sure.
To the person who hasn't had theirs back from June is it a complex case? Mine was in the summer and I was amazed how quick it was.

JustLoveBarneyRonay · 26/02/2021 22:16

I paid just over £200 and a small fee for a second certificate.

Sadly I've done it a few times over the years - the online system is quite streamlined and straightforward now.