Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Probate and intestancy.

8 replies

ToriaPumpkin · 10/06/2014 20:23

Hello wise mumsnetters, I wonder if anyone can help me.

My father died a few weeks ago. I won't go into details but we had a troubled relationship and he finally died after a long battle with alcohol addiction.

The circumstances as I understand them are this.

Just over two years ago he had a mild stroke, from which he seemed to make a full recovery. He then began drinking again despite the apparent wake up call.

In November of last year he had a funny turn and was pronounced fit after examination by a paramedic after fainting. It was put down to being too warm and hungover.

Two days later he fell down the stairs. It's unclear if this was the cause or result of a fairly major bleed on the brain. He underwent emergency brain surgery and was kept in a medically induced coma for a few days.

Following this he made a miraculous recovery, was transferred to a rehabilitation centre and came home in march of this year.

I last spoke to him a few days before easter when he was slurring and had lost his brain to mouth filter. At the time I was almost 38 weeks pregnant so asked if he was still keeping his appointments as he was meant to see his GP every week for a medicine review. A few days after this call he locked his front door and stopped answering his phone. He left his keys in the door so that his friend who had been checking on him couldn't gain access. He said he didn't want or need any help.

He died on May 11th, home alone. He was found by a friend the day after when he went up, didn't get a response at all and couldn't get in. The police broke the door down and he was pronunced dead at the scene.

The post mortem was inconclusive and we're currently waiting for a second round of test results from his heart, lungs and liver. We do have an interim death certificate which we've used to alert the banks, gas board etc, but we can't register his death until we're given the official death certificate. We've got about four weeks left until we can expect these next set of results.

If these results cannot determine natural causes we'll have to attend an inquest in August.

At first we thought he hadn't written a will, the friend who found him told me he had consistently refused to write one as everyone knew everything would go to me as I'm an only child. We've since found one he wrote when married to my mother. They're now divorced but I am named as a second beneficiary in the case of my mother being unable to inherit. Someone has told me that in the case of divorce the spouse is automatically disinherited.

Sorry this is so long, it became a bit of a way to get my head straight. My questions are, what do I need to do now? We've held the funeral so it's time to start dealing with the heavy stuff.

We need to sell his house and close and empty all his accounts, pay his gas bill, pay off his mortgage etc.

OP posts:
ToriaPumpkin · 10/06/2014 20:25

Sorry, posted too soon.

As we've found a will, that we are told is still valid this should make things easier, but I just wondered if anyone could point me in the right direction for sorting out the estate. Also can we do this before we're issued the final death certificate?

Thanks in advance.

OP posts:
poshfrock · 10/06/2014 22:19

I am a probate lawyer.

Assuming you are in England then the process is as follows:

The executor (s) named in the will need to value all the assets. You will need professional valuations for property
, shares etc. You will need balances at date of death for bank accounts and investments.
You will need to complete either form IHT 205 or IHT 400 depending on value of estate.
Inheritance tax will need to be paid if any is due.
Then the executor will need to apply for a grant of probate either by using a solicitor or in person at the probate registry. There is a fee for this of £155(minimum, more if you apply in person).
Once you have the grant you can close the bank accounts and market the house. Remember it is the executors responsibility to insure and maintain the house during the period of administration.
Any liabilities will need to be paid before the estate is distributed eg over payments of pension or other benefits, credit cards or loans. Income tax will be due on estate income paid gross eg rental income. Capital gains tax may be due if estate assets are sold for more than probate value.
Form R27 will need to be completed for HMRC unless a full tax return is prepared for the year of death.
Statutory notices should be placed in the London Gazette and local press inviting creditors to come forward. The estate should not be distributed until the notices have ever expired to protect the executors from personal liability.
If your dad had any foreign assets, business or agricultural property then specialist legal advice is strongly recommended.

Hope this helps.

ToriaPumpkin · 11/06/2014 14:05

Thank you! That's a great help, he lived and died in England but I live in Scotland which I appreciate makes it a bit more difficult.

The will named two executors to hold the estate in trust until my 21st birthday as I was a baby when it was written. I'm now 29, are the executors still the people named in the will?

OP posts:
poshfrock · 11/06/2014 15:48

Yes, the executors remain the same so you will need to contact them to get things moving. The estate will pass straight to you though without any need for the trust.

ToriaPumpkin · 11/06/2014 17:54

Excellent. Thank you!

OP posts:
titchypumpkin · 12/06/2014 18:21

Sorry, divorce does not invalidate a Will or disinherit the ex-spouse at all, whoever told you that was wrong, marriage does invalidate a Will but divorce definitely does not. So your mother will be the beneficiary (assuming that Will is valid is the one you are referring to).

If your mother wants to step aside and allow you to inherit that's her choice, but no one can make her, sorry.

titchypumpkin · 12/06/2014 18:37

scrap that i'm wrong Blush very sorry!

IvyBeagle · 16/06/2014 14:26

If the executors dont want to do the job they can sign to say they dont want to. Are they still alive?

New posts on this thread. Refresh page
Swipe left for the next trending thread