Probate and Intestacy

[Mr S]

Hi all, slightly morbid suject so i do apologise, but my father passed away quite suddenly a week a go today. Im his only child, but we can not find any will or instructions, and was wondering what people’s experience is with such matters. Iv seen what needs to happen regarding applying for probate etc, but wondered if it was worth paying for a solicitor or if to just organise everything myself, as it appears to be pretty straight forward, although time consuming and potentially drawn out. Having been divorced i know how expensive solicitors are. I live near Northamton, and my dad lived in South Essex, though not sure this has any affect on anything other than personal effects.
Having never been through this before, its all new, so any tips or advice is welcome.

 

[philw696]

Sorry to hear of your loss.
I'm sure some advice will be forthcoming.
Phil.

 

[safrane]

Although the case may seem simple it could be worth the cost of legal advice to make sure you are not hit with a unexpected tax bill in the future and that you get what is yours.

The distance alone would be enough to sway me, esp if there is no will recorded.

 

[hunta]

Sorry for your loss, Mr S.

Is he survived by a spouse? I'm guessing not from your dilemma, but if so he is it can be straightforward and the absence of a will less of an issue. As a layman however I think I'd still be inclined to seek legal advice - citizen's advice might be a good (free) starting point.

I'm sure others more knowledgeable than me will be able to give a more informed opinion however.

 

[Mr S]

Thanks all. He was not in a relationship or anything, and despite having 3 brothers, they have all been very supportive and helpful, but being his only son, everything is apparently left to me, both work wise, and any inheritance.

 

[Simon1963]

Sorry to hear of your loss. Having been in a similar position I would engage a solicitor for advice in the first instance. You can then go forward yourself knowing that you are doing the right thing.

 

[Scaf]

Sorry to read of your loss, as people have already advised, seek some legal advice.
Most solicitors offer a 30 minutie free consultations or you could call
The National Bereavement Service 0808 164 2239 they offer free advice as well (but are a commercial organisation)
some funeral directors will also offer free advice on such matters via a third party.

 

[CatmanV2]

Sorry to hear of your loss.

There are a number of companies that will assist with probate actually gratis as they are interested in investing the estate. I can dig one out if that's of any help

C

 

[Ewan]

If the total value of the estate exceeds the Inheritance Tax threshold, I would recommend using a solicitor. But if it’s below that, you should be able to handle it yourself quite readily. So the starting point is to add it all up (approximately) and go from there.

 

[lifes2short]

sorry for your loss, some house buildings insurance policies come with legal services cover who can give you free legal advice on all sorts of things including personal and tax matters, worth checking your policy if you have this added cover

Edit: come to think of it a lot of good car insurance policies also have legal cover advice as well

 

[Wattie]

Hi all, slightly morbid suject so i do apologise, but my father passed away quite suddenly a week a go today. Im his only child, but we can not find any will or instructions, and was wondering what people’s experience is with such matters. Iv seen what needs to happen regarding applying for probate etc, but wondered if it was worth paying for a solicitor or if to just organise everything myself, as it appears to be pretty straight forward, although time consuming and potentially drawn out. Having been divorced i know how expensive solicitors are. I live near Northamton, and my dad lived in South Essex, though not sure this has any affect on anything other than personal effects.
Having never been through this before, its all new, so any tips or advice is welcome.

Sad situation, made more difficult by the circumstances you now find yourself in.

Personally I’d contact 3 -4 solicitors and get them to quote a fee for the settlement of the case (having given them the relationship facts).

For a start, you’ll never get any information out of any bank, investment firm, building society, investment firm he ever used etc without complying with their requirements.......certification of death certs, ownership docs and you’ll need to provide proof of the relationship.....birth certs etc.

The brothers may also feel aggrieved if they’ve been left nothing and challenge matters.

Pity he wasn’t more prepared, good luck.....

 

[Mr S]

Sorry to hear of your loss.

There are a number of companies that will assist with probate actually gratis as they are interested in investing the estate. I can dig one out if that's of any help

C

Any info is greatly appreciated, thanks Chris.

 

[Mr S]

sorry for your loss, some house buildings insurance policies come with legal services cover who can give you free legal advice on all sorts of things including personal and tax matters, worth checking your policy if you have this added cover

Edit: come to think of it a lot of good car insurance policies also have legal cover advice as well

Thanks, worth investigating.

 

[Mr S]

Sad situation, made more difficult by the circumstances you now find yourself in.

Personally I’d contact 3 -4 solicitors and get them to quote a fee for the settlement of the case (having given them the relationship facts).

For a start, you’ll never get any information out of any bank, investment firm, building society, investment firm he ever used etc without complying with their requirements.......certification of death certs, ownership docs and you’ll need to provide proof of the relationship.....birth certs etc.

The brothers may also feel aggrieved if they’ve been left nothing and challenge matters.

Pity he wasn’t more prepared, good luck.....

Cheers Wattie

i dont think the brothers will be an issue, and to be honest, this is the first time iv spoken to them in 20years, so if they are upset, i dont care. Sorry if that sounds harsh.
Assume any family law solicitor will be able to advise on matters. I have already contacted a funeral director, and my dad has a plot in a burial ground next to his mum, so atleast thats sorted.

 

[Wattie]

Cheers Wattie

i dont think the brothers will be an issue, and to be honest, this is the first time iv spoken to them in 20years, so if they are upset, i dont care. Sorry if that sounds harsh.
Assume any family law solicitor will be able to advise on matters. I have already contacted a funeral director, and my dad has a plot in a burial ground next to his mum, so atleast thats sorted.

Doesn’t sound harsh but it may be enough to put a spanner in things legally- be aware.
You’ll need a solicitor to certify docs etc.
Perhaps consider an initial consultation where u outline matters.
Think of it like a Maserati purchase pre inspection.
May be money we’ll spent.

 

[MarkMas]

If it is just you - no other children, and presumably your mother has died already - it should be simple, but the probate office is VERY slow at the moment. You may need to demonstrate (somehow) to the probate office that this is the case; if you have any family documents that make clear that you are the only child that will help; plus your mother's death certificate. This is why a Will is so useful even with a very simple inheritance, as it will tend to name any family who might have a claim, or make the simple situation clear: "to my only child I leave....".

For an estate subject to inheritance tax, there may be an issue/opportunity around how your mother's inheritance tax allowance was handled.

So probably worth getting a bit of legal and tax advice, but probably not wise to hand the whole problem to a solicitor, who will draw it out and milk the estate for fees.

Best book on this that I know is:
Probate: A Straightforward Guide by Regina Meizoso

Probate: A straightforward guide to obtaining a grant of probate and administering an estate - Meizoso LLBACA, Regina: 9780995759008 - AbeBooks

Probate: A straightforward guide to obtaining a grant of probate and administering an estate by Meizoso LLBACA, Regina - ISBN 10: 0995759006 - ISBN 13: 9780995759008 - Cordis Advisory Limited - 2017 - Softcover

www.abebooks.co.uk

 

[GeoffCapes]

Hi all, slightly morbid suject so i do apologise, but my father passed away quite suddenly a week a go today. Im his only child, but we can not find any will or instructions, and was wondering what people’s experience is with such matters. Iv seen what needs to happen regarding applying for probate etc, but wondered if it was worth paying for a solicitor or if to just organise everything myself, as it appears to be pretty straight forward, although time consuming and potentially drawn out. Having been divorced i know how expensive solicitors are. I live near Northamton, and my dad lived in South Essex, though not sure this has any affect on anything other than personal effects.
Having never been through this before, its all new, so any tips or advice is welcome.

Sorry for your loss.

Which part of south Essex did he live, as that's kinda my old manor. I might be able to recommend a solicitor that won't rip you off.
Let me re-phrase. Rip you off less.

 

[Mr S]

Sorry for your loss.

Which part of south Essex did he live, as that's kinda my old manor. I might be able to recommend a solicitor that won't rip you off.
Let me re-phrase. Rip you off less.

Thanks Geoff
My dad lived just outside Grays, RM16 post code, and worked nearby. He was self employed, so i need to make contact with his suppliers and anyone that he may have done work for recently to let them know what the situation is.
I was hoping to engage in solicitors up Northampton/MK way as that is where i live, though when i got divorced i used someone near Southend, as they came recommended, so im aware its not entirely essential.

 

[philw696]

As your father was self employed make sure everything is okay with HMRC too if he did it himself or used an accountant.

 

[GeoffCapes]

Thanks Geoff
My dad lived just outside Grays, RM16 post code, and worked nearby. He was self employed, so i need to make contact with his suppliers and anyone that he may have done work for recently to let them know what the situation is.
I was hoping to engage in solicitors up Northampton/MK way as that is where i live, though when i got divorced i used someone near Southend, as they came recommended, so im aware its not entirely essential.

Not quite my area as I lived in Wickford. But Palmers in Basildon have a pretty good reputation.