help please with probate and inquest

[MsGee]

I am hoping that someone can help with practical advice.

Just over three months ago FIL died of leukemia. MIL sorted out probate, made a new will etc. Then she committed suicide. There is going to be an inquest and no-one can tell us how long this will take.

Her solicitor (who we are not sure she thought much of - incredibly expensive and miles from us) said we need to meet with them for the reading of the will.

What happens then - do we need to use these solicitors for probate or would it make sense to use a solicitor near our home? Would we start all of this whilst there is an inquest going on - as we only have an interim death certificate. (we know DH is sole beneficiary in will, no other relatives at all, so no issues with that).

Given the circumstances DH wants to travel to his family home (where she died) as little as possible and I am trying to do everything I practically can to make it easier for him. But I just don't really know what to do for the best with regards to solicitors. I have taken over the other arrangements to give him space to start to deal with this but it is all so difficult and my brain has turned to mush.

Hi there. I'm sorry to hear about your family situation. I am a probate lawyer so hopefully can help a bit.

1. You don't have to appoint the firm holding the will to deal with the estate; however in your MIL appointed them as executors then it will be difficult, but not impossible, to get them to stand down.
2. If they have not been appointed as Executors then the actual Executor(s) as named in the will can ask them for the will and take it to a local firm for them to administer. The executor will normally have to provide the death certificate and proof of ID before the will is released.
3. If the firm holding the will have been appointed as Executors then you cans ask them to renounce probate and have someone else appointed. You will need a law firm to help you with this.
4. You can start these arrangements now but you will need a death certificate before you can do very much. Do you have an interim one as the final one will only be issued after the inquest?

Hope this helps.

Thank you that was very helpful. I could ask about executors and as its just DH we will ask a local firm about probate. The fact that when I called they mixed up FIL and MIL and thought that DH has a brother showed me that they're not really in the ball. It feels so raw and sensitive that I think we need someone who we really trust.

The executor can also sort probate them selves without using a solicitor.

I've done it twice now as it saved something like 2% of the estate. Its just a few forms and a meeting iirc. There's loads of info on the Internet on what to do. Though I appreciate not everyone feels at a place to be ale to doit.

If its not too onerous he might be able to do it with my help. DH is not really in a good place at the moment but in some ways not dealing with solicitors might be easier.

I have no professional knowledge, unlike poshfrock who will, I hope, contradict me if I'm wrong, but -

1. The reading of the will - is it really necessary to take place at the solicitors' offices? I thought that scenario seldom takes place except in films and TV drama. If not, then the contents of the will (including names of executors) could be communicated by post.

2. If your husband and the firm of solicitors have been named as executors it's possible for them to step down as executors to allow your husband to take care of the probate application and distribution of the estate. They have to complete a form and submit it to the Probate Office, if I remember correctly.

So sorry your husband is suffering a double loss, OP, but I'm glad he has you to help shoulder the burden.

Thank you everyone. DH is sole executor so we are going to try to sort probate ourselves and can just pick up the will. Sadly we had no choice re the inquest. We are worried about it, not only for ourselves but the friend and neighbour who found her.

charley sorry you have suffered a similar situation. Can I ask if anything helped your family through this? It's such a lot to cope with.

Thanks charley, will do.

Hi MsGee

Yes nothing to stop you doing it yourself provided it is straightforward. if your ILs had any of the following types of assets I would suggest professional help:

1. Business property ( including unlisted shares)
2. Agricultural property
3. Overseas property - I don't just mean a house in France but even something like an offshore bond can be tricky to deal with
4. Alternatively secured pension fund
5. A trust in the will.

You will need to get date of death valuations of all assets and make an appointment at your local probate registry.
You will need to complete either form IHT205 or IHT400 depending on the value of the estate. Available from HMRC website.
Any inheritance tax due must be paid before probate is granted.
You will need details of all income prior to death ( pensions, bank interest, dividends etc) as well as any chargeable gains arising on insurance policies to complete from R27 for HMRC.
If you suspect there may be unknown creditors then make sure you place statutory notices so that any claims are time barred and don't leave DH personally liable.
Cost of applying for probate personally is now £215.

Hope this helps.

Thank you - that is very helpful.

I am pretty sure that non of the above apply although we will have to check the pension as we know that FIL had one - but I can't imagine that that is relevant after MIL has died.

A friend who has also done this recently has offered to help, so we are going to try to sort it ourselves and will contact a local solicitor if we get into any trouble.