Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

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.

Another inheritance one - have I done something illegal?

5 replies

solebeneficiiiary · 06/04/2022 18:56

Hi,

My mother passed away in January. She had a small amount of money in savings and her current account (less than 20k). She also had a house that she owned outright. The overall estate including the property value is not eligible for inheritance tax.

There was a will, and I am the executor and sole beneficiary - there is no one else to distribute assets to.

The bank released funds from my mother's bank accounts to me upon notification of her death. I have applied for probate on the house, and am in the process of selling it (have accepted an offer and legal proceedings have begun). We are still awaiting grant of probate.

However, I have spent some of my mother's funds that I already received from the bank. On funeral costs, but also towards some work that needed doing on my house, and some new furniture for myself. I have since read this may be a grey area with the law.

Since probate has not yet been granted, I'm unsure whether I was correct to spend this money, as technically it may not be 'mine' yet? Or is this irrelevant, given the funds have been released to me as the sole beneficiary? I believe that technically probate is only needed to deal with the sale of the house, but again I may be wrong.

Thanks if you can help.

OP posts:
HDready · 06/04/2022 19:40

I’m not an expert, but am currently dealing with probate for a relative’s estate. I don’t think you have done anything wrong - the bank was willing to release the money to you, and you are the only beneficiary. It all feels so complicated doesn’t it?!

I’m sorry for your loss.

solebeneficiiiary · 06/04/2022 21:19

Thank you and I'm also sorry for your loss. It is complex sometimes! Having read a little more about it I think it may be alright, but have been somewhat paranoid over the process!

OP posts:
PrawnofthePatriarchy · 06/04/2022 22:34

When DH died I was the sole beneficiary. His estate was little more than his half of our house. I submitted his Will and that was that. It all passed to me. If everything goes to one person then you can't be accused of any wrongdoing. IANAL but I wouldn't give it a second thought.

Collaborate · 07/04/2022 09:28

You are the named executor so are entitled to distribute the estate in accordance with the will, which is what you have done. Your power dervies from the appointment in the will, not a grant of probate, although to sell the house and gather in some assets you need probate.

70kid · 07/04/2022 18:21

I’m the executor of my parents will
I’ve gave the proceeds of 1 of the life insurance policy’s to the beneficiaries before I got probate

New posts on this thread. Refresh page