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what to do with the will when someone dies
14 Answers
do I have to contact the solicitor who compiled it ?
my mum has passed away and left everything to me in her will and I am executor. I also have signed an Enduring power of Attourney.
There is a propety involved worth about £90000 - do I need a solicitor to organise probate or is it simple to do ?
I dont know what to do !
How much would a solicitor charge ??
thank you
my mum has passed away and left everything to me in her will and I am executor. I also have signed an Enduring power of Attourney.
There is a propety involved worth about £90000 - do I need a solicitor to organise probate or is it simple to do ?
I dont know what to do !
How much would a solicitor charge ??
thank you
Answers
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The power of attorney ceased to be valid on your mum's death
Assuming your mum din't actually name the solicitor as joint executor, then then you are executor and don't have to involve a solicitor at all unless you wish.
It's easy to DIY if you are reasonably organised about paperwork and letter writing and can set aside your obvous emotions (for some people it's a way of working through them. Get a a book (like the Which guide) and see what you think
Assuming your mum din't actually name the solicitor as joint executor, then then you are executor and don't have to involve a solicitor at all unless you wish.
It's easy to DIY if you are reasonably organised about paperwork and letter writing and can set aside your obvous emotions (for some people it's a way of working through them. Get a a book (like the Which guide) and see what you think
This is a good starting point
http://
It is normally straightforward to do it yourself and using a solicitor can be unnecessarily expensive. I suggest you try it yourself.
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It is normally straightforward to do it yourself and using a solicitor can be unnecessarily expensive. I suggest you try it yourself.
If you are executor and sole beneficiary then it is quite simple..close bank accounts ..dispose of property.. or arrange for title deed to be changed ..ie disosed of by executor ie you to your self...no need for costly sol..no need for probate ...ust do it all at your own pace..the bank will give you what forms you need..straightforward stuff..why waste money
Hi answerbanker
If the house is the only asset of value I think you could do the probate yourself.
Do you know your mother's assetts. You may have to search the house as there may be savings etc which you do not know about and you will need them to apply for probate by any route.
Just type Apply for Probate into your search bar and the Direct Government Site will show and realy I think you will need to read it as only certain parts will apply to your circumstances.
The Power of Attorney is now invalid as you are now an executor.
You will need photo ID when you collect any money if your mother had savings etc.
Also you have got to decide if you have the time.
When I went to a WI meeting a little while ago the speaker said you will probably have to devote 60 hours to being an executor for the first time.
Even with a solicitor it is time consuming.
With regard to solicitors charges it depends on how much you ask the solicitor to do.
My friend was able to present a spreadsheet with up to date figures on of all the mother's assetts and just asked the solicitor to apply for probate and have the house transferred into her name and to send off for the money in 5 accounts.
The solicitor charged her £500 + VAT.
My friend let the solicitor do that part of the work as some people thought other people should have the estate and she did not want to fall into any traps as the estate was worth about £300,000.
If there are other assetts involved taking the whole estate to over £315,000 inheritance tax may need looking at but this does not seem to be the case.
Sarah
If the house is the only asset of value I think you could do the probate yourself.
Do you know your mother's assetts. You may have to search the house as there may be savings etc which you do not know about and you will need them to apply for probate by any route.
Just type Apply for Probate into your search bar and the Direct Government Site will show and realy I think you will need to read it as only certain parts will apply to your circumstances.
The Power of Attorney is now invalid as you are now an executor.
You will need photo ID when you collect any money if your mother had savings etc.
Also you have got to decide if you have the time.
When I went to a WI meeting a little while ago the speaker said you will probably have to devote 60 hours to being an executor for the first time.
Even with a solicitor it is time consuming.
With regard to solicitors charges it depends on how much you ask the solicitor to do.
My friend was able to present a spreadsheet with up to date figures on of all the mother's assetts and just asked the solicitor to apply for probate and have the house transferred into her name and to send off for the money in 5 accounts.
The solicitor charged her £500 + VAT.
My friend let the solicitor do that part of the work as some people thought other people should have the estate and she did not want to fall into any traps as the estate was worth about £300,000.
If there are other assetts involved taking the whole estate to over £315,000 inheritance tax may need looking at but this does not seem to be the case.
Sarah
Probate is really simple as some of the above have suggested. You WILL need probate because there is land involved (the Land Registry will not register a change of ownership without a Grant of Probate in these circumstances).
First you need to acquire the original Will. Keep it safe, do not mark it and do not even attach anything to it with a paperclip.
Then you write to all the asset holders and ask for a balance at the date of death, same with the liabilities. You will need a valuation of the property which you can get from a local estate agent. You need this to fill in the Return of Estate Information for HMRCS.
When you have collected all the information, call the Probate Registry. You attend for an interview with one of the Registrar's and as long as the paperwork is in order the Grant will be issued.
First you need to acquire the original Will. Keep it safe, do not mark it and do not even attach anything to it with a paperclip.
Then you write to all the asset holders and ask for a balance at the date of death, same with the liabilities. You will need a valuation of the property which you can get from a local estate agent. You need this to fill in the Return of Estate Information for HMRCS.
When you have collected all the information, call the Probate Registry. You attend for an interview with one of the Registrar's and as long as the paperwork is in order the Grant will be issued.
Hi Answerbanker
Barmaid has given good advice.
My friend was advised to get a pofessional valuation by her bank as it was reasonably close to the inheritance tax threshold.
The solicitor said don't bother as there were similar houses advertised in the paper and she intend to live in the house so it will not be sold.
Even a profesional valuation may not be accurate.
In one case in our road a house was valued at £420,000 and it went for £435,000.
A value is really what somebody is prepared to pay for a house.
In your case unless there are other assetts you are well away from the inheritance tax threshold.
Sarah
Barmaid has given good advice.
My friend was advised to get a pofessional valuation by her bank as it was reasonably close to the inheritance tax threshold.
The solicitor said don't bother as there were similar houses advertised in the paper and she intend to live in the house so it will not be sold.
Even a profesional valuation may not be accurate.
In one case in our road a house was valued at £420,000 and it went for £435,000.
A value is really what somebody is prepared to pay for a house.
In your case unless there are other assetts you are well away from the inheritance tax threshold.
Sarah
Just to point out (as folk sometimes don't understand) saying "no need for probate" DOES NOT mean no need for any official process. The will still needs to be validated and confirmation obtained that there is no tax due from the estate. If there is no will then permission to dispose of the estate needs to be obtained.
There may also be benefits to be claimed or repaid.
There may also be benefits to be claimed or repaid.
WOW !!
What clever people you are !!
Thank you all SO much for taking the time to write
I have just spent a fair few hours contacting people to close accounts etc etc
I have started to fill out the Probate forms and they are not too bad but I havent got all the information required yet, like amount of assets other than the property. It wont come to more than about £5000.
I will try to do it myself as suggested. Thankyou all once again ! :) x
What clever people you are !!
Thank you all SO much for taking the time to write
I have just spent a fair few hours contacting people to close accounts etc etc
I have started to fill out the Probate forms and they are not too bad but I havent got all the information required yet, like amount of assets other than the property. It wont come to more than about £5000.
I will try to do it myself as suggested. Thankyou all once again ! :) x
geoffrey... this is from 11 years ago so probly to late for answerbanker, but I agree its do-able.... I done it myself a few times.... cant remember how I did it and wouldnt know where to start if it happened today but just got on with it at the time and it went well, it is a good distraction to keep you busy and take your mind off emotional issues
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