Probate question

[RiftGibbon]

I wonder if someone can help with a little advice.

I have a relative who has very recently died. I had co-power of attorney for them. I am named as an executor of their will, but am also a beneficiary as next of kin.

There are no payments owed for expenses of any kind from relative's estate and no property to be sold. There are around £200k in funds in their bank account.

A very quick conversation with relatives extremely unhelpful and totally unsympathetic solicitor has given me the impression that he thinks we need to go to probate, but, I'm confused as to why.

Relative had no heirs and no other surviving relatives other than myself and my co-POA.

Can anyone advise?

Also, as an aside, if I have a copy of the will and the shit solicitor has the originals, do I have to have that solicitor carry out all the legal things? To my knowledge, it's just a question of informing bank, etc, which I am quite capable of doing.

You can do it all your self, my mil did it for her own dm. I understand it was straight forward, maybe a site like money saving expert would have a guide. Sorry for your loss, I hope the process is as stress free as it can be.

I think yuoh have to go through probate to demonstrate you don't owe HMRC anything and have the funds released from the bank.

I did it online as it was easier too.

The person was retired and in receipt of a private and state pension so all deductions already made, afaik.

If the solicitor doesn't need to do this for us, I'll do it myself. Just waiting to hear back from him.

You definitely do not need a solicitor to do probate for you and you are perfectly entitled to employ a different solicitor if you wish.
My Pil's have recently died and we're in the process of doing it all ourselves. We just collected the original will from the solicitors and politely turned down their offer to do it for us. DP has just started doing everything online and it's really easy to do yourself if the estate is simple. There is plenty of advice on the government website to help you if you get stuck. Good luck and don't let the solicitor be difficult.

The online process is really easy - if you can, just get the will and do it yourself.

If things are straightforward as they sound do it yourself- the phone helpline are very good.
All info is on line

You will need to complete the Inheritance Tax form even if none is payable and then obtain a grant of probate in order for the bank to release the funds. You will need to get the original will from the solicitor. It sounds like a straightforward estate to administer so you’ll be able to apply for probate yourself even if the solicitor tries to persuade you otherwise. It’s a nice little earner for them for very little work. You can do all this online and there are very clear instructions.

Thankyou all for your advice. I will see what nonsense the solicitor comes back with.
So, essentially, I can just request the original will and they must give it to me?

You still have to go through probate to legally settle the estate even if there ends up being no tax to pay to HMRC.
The estate sounds very straight forward you can do it without a solicitor, the probate department at HMRC are very helpful.

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/833274/pa2-eng.pdf

Basically, you need to ask the bank holding the deceased money if they require a deed of probate. They may just accept a death certificate and the will. The link gives you all e info you need. Do not be persuaded to pay a solicitor a chunk of money to do what is a simple procedure. If the other recipient insists, tell them the legal fees will have to come out of their share then?

You may need to get authorisation from all executors before the solicitor will hand over the will to you. My father died last year and I was co-executor with a friend with who we had lost touch. She had moved house and I had to jump through hoops to find her and get her permission for the will to be released to me before the solicitor would let me have it. Sounds like your solicitor may do similar.

I think you probably will need probate if the cash held is 200k. Banks are often willing to release smaller amounts without probate but they may require probate for this amount.

I managed to sort a similar sized estate and did not use a solicitor at all. Generally I found banks would not give out money if the amount was over 10K without probate.
The forms are all downloadable from

www.gov.uk/applying-for-probate
It is quite straightforward but time consuming.

If you are a member of "Which? " they have very good step by step guide free for members.

www.which.co.uk/money/wills-and-probate/probate

The only assets are the funds in the back account.
I called in at the bank today briefly and was told that the only issue may be the amount held as it is above the £15k threshold
However, they have said to take in the death cert and own id and they will go through it with their bereavement consultant then to see if probate is needed.
In terms of the will, I am co-executor with a family member and we are co-beneficiaries as only existing next of kin.

Actually the Halifax transferred about £50k of my Dad’s money straight to me before probate had been granted. Possibly because they saw from the will that I was the sole beneficiary. It surprised me though.

Both executors have to fill out the form for Probate, it is necessary for all estates over a certain amount.

You can do it yourself without a solicitor but it can be a pain tbh, depending on how much work there is with the estate!

Looks like this is going to be pretty straightforward and that it is the amount of money that necessitates probate, although I still can't say that I understand why (but that's the law, I suppose).
No other beneficiaries as no other family.
No other assests other than money in the bank.

I'll wait until I have been into the bank with the certificate and see what they require.

Appreciate all the helpful advice here.

There can be a bit of a wait for the Probate interview so I'd get the ball rolling on that one as soon as you can, OP. Have a look for your local Probate office.

I obtained probate on behalf of my Mum for my Dad when he died, my mum was executor and beneficiary. It was really easy, you just needed to work through it methodically. The only slight complication I had was that my Dad was still in business when he died.

The banks would only release funds upon sight of a Grant of Probate, if the balance was over a certain amount. They all helpfully have their own rules. Otherwise we wouldn't have needed one.

Thanks again - just looked at the online information and it really does seem to be up to the bank on this one. I've got an appointment with them next week so will know what the next steps are after that.

A pension payment has just come in but I'm not clear whether it's retrospective or in advance (it's not a terribly clear format), so there may be a need to revert that payment but I can at least get the ball rolling with informing other parties.