Probate

[Ellie54]

Why does the estate have to go to probate when the will leaves everything to the spouse?

[ladyalex]

Inheritance tax ?

In case there is another claimant ?

I have absolutely no knowledge of this, just what crossed my mind.

[ladybirder]

One has nothing to do with the other. Why should who you leave your estate to have any bearing on whether you go to probate?

[New Judge]

Probate is the action of proving the authenticity of the will. It is there to ensure that the will is genuine and valid. It also ensures that inheritance tax is paid.

[factor-fiction]

It should be a fairly quick process and you will get documentation which allows you to deal with any accounts etc that were in the spouse's name

[Ellie54]

My father in law passed away and I have been trying to sort things out for my mother in law, they both updated their wills in 2002, we saw the solicitor thinking it would be straightforward as my f i l left everything to my m i l. No such luck! We wanted to update her will as f i l was in it and go through his will, they owned their home, mortgage free but it's in my f i l's name only, we were then told that we had to go through probate because of this. I can't understand this and wonder why bother to make a will at all!

[factor-fiction]

I think my previous answer dealt with this. If the accounts are all in FiL's name then it should be difficult to take control of them without the authority of probate.
Is it causing a major problem?

[Ellie54]

Thanks for the input everyone, I think inheritance tax comes into play if the estate is more than £250,000. I don't think it will be quite that much. How can I find out if he got around to putting the bungalow in joint names? who do I contact? no mortgage provider, do I call the land registry? I can't find any paperwork relating to this. Sorry for the multiple questions.

[factor-fiction]

Have a look on the land registry site

[Ellie54]

It's only the property and one account at the PO that his state pension gets paid into, oh and the car but that's not a concern at the moment, it's a 1990 VW polo. All other accounts are in joint names.

[Ellie54]

Thank's, will do.

[factor-fiction]

So probate will help. It's also a check i suppose to prevent a spouse or close relative eaking everything when the will stated others should be beneficiaries

[dzug2]

If there hadn't been a will the estate would have had to be dealt with under intestacy laws. That means that people other than the surviving spouse would have (potentially) the right to a share in the estate with the added possibility of being compelled to set up a trust.

Probate is in part to prove the will is genuine