Probate

[swaninbay]

My Dad died recently, the moveable assets of the estate are about £200000. Involving premium bonds, shares, cars, and cash. And there's a final pension payment in limbo that didn't reach his account in time. Everything was left to my Mum, but we children plan to use Scots law rights to take a third of the moveable assets now. My question is should we use a solicitor to do everything for us, or is it possible to do it ourselves. Three executors, me, my brother and my mum. I just don't know how complicated it will be to do it ourselves.

I don’t think that’s right

the estate passing to the spouse - exempt - whether or not the additional £70k legal rights is relinquished

But they will still have the other £325k exemption so if the legal rights is say £70k that would be tax free

so if you leave it all to a spouse it will be exempt then but could be hit on the second death as it doesn’t make good use of the £325k threshold

Yes and if the will was done via a solicitor the solicitor should also have informed the testator of this

Why would it destroy family relationships? You are projecting here. You’ve got no idea what’s been discussed in the family, for all you know mum is perfectly on board. OP has asked for advice on whether she should use a solicitor, not whether she and her siblings should claim legal rights or not.

It's possible that they've not consulted that solicitor.

When my husband died, I used a solicitor who was more local to us and it was he who explained to me that I only had a copy of the will, not the principal will - he sent off to the solicitor who wrote the will and had the principal will sent to him.

Given what the OP has said, I'm thinking that she might be in England and that they're looking at a copy.

You’ve not read my post properly. I have said it can and likely will unless there is an agreed reason of which there absolutely can be. If mum agrees good.

It’s not probate it’s confirmation. A relatively straightforward estate cost me £10k in solicitors fees but worth every penny. Surviving spouse gets a lump sum. Then children get 2/3rds of free estate with the remainder going to surviving spouse. They cannot change/contest that. The children are entitled to that in law.