Mothers will

[Jordan0204]

My mother passed away almost 3 months ago. Me and my dad contacted the financial advisor who did their wills and basically said you don't need probate and no IHT needs to be payed by dad's. I've just started to look into it as the grief from losing my mum had consumed me and I've only just got round to it.
Basically in the will there is a life interest trust so my dad can live their until he dies and my mum's share is ring fenced for me in a trust . Google is telling me I need probate and need to register this trust. There is also also discretionary nil rate band trust, which googling says they didn't even need that in their will. The guy who set up the will has been so unhelpful didn't explain anything when we had the appointment to recover the will. And now wants me to pay for another appointment to guide me through what I need to do . I have booked an appointment with a specialist will advisor as she seems like she will be more helpful.
Does anyone know anything about else 2 trust , whether I need to do something immediately like register them . One advisor has said no probate the one I'm seeing in 2 weeks admin assiseems to think we will need probate. I'm so confused ..help

I had similar with my Mums will. Turned out it was written pre the law change which allowed home to pass to spouse without IHT. So we ended up seeing a solicitor and dissolving the trust. This was after probate though - we just sent the will and filled in the form and sent with it.

See s decent solicitor!

Hi OP, sorry for your loss. I can't help in detail but I think you should be able to do this without needing to pay advisors. When my Dad dies and my mum was insistent on doing it (I couldn't get a look in to help with a lot of aspects), I know she spent a lot of time on the phone to HMRC who were very helpful. They probably wouldn't be able to help on the trust bit, but I would expect them to on the nil rate band.

The strange thing is the will was originally set up in 2014 , so after the law change , so I don't understand why the discretionary nil rate trust was even pit into their will. I do know they wanted to protect the house from care home fees, but half of it is protected by the lofe interest trust. My dad is clueless andni honestly thought as no probate was needed and no IHT I didn't have to do anything atall. So i literally drew a line under it and carried on grieving. Apparently trust need to be registered too ? When the first person dies

Yes they do need to be registered - one of the reasons we got a solicitor. As I say, when we got proper advice the trust did nothing.

Sorry for your loss. I do understand the difficulty of dealing with all the paperwork after a death - it can feel over whelming.

Have you see this govt website- What to do when someone dies? which we found useful. Literally go through it step by step. Steps 5 and 6 are about inheritance tax and probate, but (depending on the size of the estate and other things) you might not need either.

You will also find the people Money Savings Expert Probate board are very helpful and knowledgeable - here.

Hope these are helpful.

Just a quick question , had advice and been told we can appoint assets out of the trust to basically wind it up. Did you do this before or after probate ? We're just about to start the process of probate .
Thanks in advance