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Probate

3 replies

OnthePiste · 10/02/2023 06:54

I am the executor for my late mother's estate. She had money in several different banks. A smallish amount of money has been paid already without probate but the bulk of it won't be released until we have Grant of Probate.

Am I permitted to share out the money that has been released and is in my account? One of the beneficiaries could really use it now but I am not sure if I need to wait for probate to be granted or not for this amount.

Any advice appreciated.

OP posts:
loveisagirlnameddaisy · 10/02/2023 07:13

I'm not an expert although was executor of my aunt's will. I would say as long as you distribute it according to the will, it is ok. Banks release certain amounts of money without requiring probate so I would have thought the logic also applies to the executor?

Ilovetocrochet · 10/02/2023 07:43

My mum had a bond which for some reason was in joint names with my brother. As it was also some life insurance element, he was able to claim the money immediately using the death certificate.

He has already shared the money according to mums will, this was done with the knowledge of a solicitor who is sorting out probate so I’m sure it will be fine for you to do the same.

prh47bridge · 10/02/2023 09:23

You can share the money out. You don't need probate for that. In the situation you describe, it is unlikely to be a problem. It will only be an issue if there is insufficient in the remaining estate to meet the deceased's debts.

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