Probate and Intestacy

rs48635

Member
Messages
3,181
Mr S.
Sorry to hear about your father passing away. Seems that you have plenty advice to be going on with. Can heartily suggest you begin the matter of fact stuff forthwith, register the death etc. Get many copies of the certificate, to save time and cost in repeat visit to registrar.

The hospital we attended gave great advice about "tell us once" service which now appears to be national. This aims to share the news of death with most governmental departments. Will fix all the pension, tax and NHS matters.
 
Messages
1,687
As others have said. Very sorry for your loss.

I've read what's already been written, so I'll be careful to try not to contradict anyone who appears to know what they're talking about.

My own father died two and a bit years ago and everything to do with his death turned into a real sh$t show.
Partially this was down to Covid. Things were mental at that point. To the extent that he had to be buried in a
lead lined coffin. Which the funeral director didn't mention until myself and the other pallbearers lifted the
coffin to carry it to the graveside. For a second I had a flashback to Goodfellas or some similar movie and
wondered if the funeral director was trying to get rid of one or two other bodies, at the same time!
I'll spare you the details that don't appear to apply in your case.
Death and bereavement will sometimes show you a side of someone's character that you've never seen before.
His brothers or other relatives may say now that they had/have no expectations regarding your father's estate,
but there's nothing to stop them changing their mind and claiming all sorts of scenarios to be true.
There are legal procedures to challenge a will that seems water tight, as well as an estate with no will, which it
appears ought to go to one person. I'm assuming that the estate runs to high five or six figures.
A good solicitor is a must IMO as you don't want this to be a learning experience for you, as well as
the other kinds of experience it is. Excuse my poor terminology. No sleep. Toothache!
Stay clear of Citizen's Advice. Mostly, they're volunteers who will not have anything of value to impart,
unless you happen to trip over the one person in the county who is an expert in your area of need.
If you don't have a family solicitor that you can use and you're reliant on a recommendation, do not
take the solicitor's word on anything. Check everything they advise. Take notes if you need to and
make sure that you're happy to take their advice at the different points in the legal process.
A good funeral director ought to take care of all of the process involving movement of your father
and all the paperwork related to his death etc.
In fact, between the clergyman, solicitor and funeral director, you ought not to have to look after too
many details yourself. Once you've instructed them, obviously.
Because of Covid, we weren't permitted to have a church service. Only the briefest of services at the
graveside. The clergyman will do everything, including the eulogy. You don't have to speak.
Especially if you're very upset. I was very direct with our minister, about what I wanted said. In fact,
I wrote the eulogy. Mainly because my siblings told me that they didn't know enough about our
father's life to write it. That truly shocked me.
If you have legal cover through ANY of your insurance policies, this ought to cover the costs of a
solicitor. Obviously, you'll need to call your insurer to check. If they say no, challenge it.
If your solicitor is 'agreeable', he may include the expenses of other professionals in his bill
instead of you having to deal with separate bills.
Okay, I've just reread one of your comments. Your father's business will need to be wound up and
or his directorship dissolved and Companies House notified etc. As another said, HMRC will have to be
notified about his professional and personal affairs and liabilities so its better that a solicitor handles
this. Preferably a firm that employs solicitors and accountants.
As regards bereavement, an organisation called Cruse Bereavement Care are the best in the business,
bar none. Whenever you feel the need, if you do. They are the only people I would recommend to
anyone that I care about. They counselled the relatives of those lost in the Herald of Free Enterprise
disaster in 1987 and have been counselling since, at most major incidents, as well as training the other
leading bereavement services in the UK, Ireland and possibly abroad. I've used them as a company
officer, to counsel a few hundred employees and every person of the many I spoke to afterwards
couldn't speak highly enough of them. They are the best.
My advice. Lean heavily on your solicitor and let them bring in other professionals, as needed.
But make clear that you want to discuss fees ahead of time, if that's your wish.
And be as direct as you like. You get a lot of leeway as the bereaved, so use it.
Hopefully this covers most aspects of the arrangements. If you wish to sleep on a decision, do so.
Very few decisions have to be made in haste. As another said. The probate process is longer because
of Covid. In my father's case, which was uncontested and straight forward, I think it was about ten months.
Anything that you need to talk to someone about, or bounce something off, don't hesitate to
PM me and we can talk on the phone if you like. Anything that I can do to help, is NOT a problem.
I wouldn't want anyone to have to go through what I did and am still trying to process.
But, you don't have my sister for a sibling, so you have a huge head start in that respect alone ;)
 
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GTVGEOFF

Member
Messages
389
I would like to add my sympathy too.
I haven't much more to add that hasn't already been said.
I lost my eldest sister a few days before Christmas, she is a spinster with no children. To say she was a character is a bit of an understatement, but, at least she left a very simple will.
The advice Ulsterman abroad has given is spot on and I really can't add to it.
My brother and I have been sorting through her property and although you think you know your family we have found that we didn't know her as well as we though, it has been an eye opener and it has increased my respect for her.
I hope you can sort out your father's affairs with as little pain as possible, in your case I believe professional help is a must.
Regards Geoff.
 

Mr S

Member
Messages
821
As others have said. Very sorry for your loss.

I've read what's already been written, so I'll be careful to try not to contradict anyone who appears to know what they're talking about.

My own father died two and a bit years ago and everything to do with his death turned into a real sh$t show.
Partially this was down to Covid. Things were mental at that point. To the extent that he had to be buried in a
lead lined coffin. Which the funeral director didn't mention until myself and the other pallbearers lifted the
coffin to carry it to the graveside. For a second I had a flashback to Goodfellas or some similar movie and
wondered if the funeral director was trying to get rid of one or two other bodies, at the same time!
I'll spare you the details that don't appear to apply in your case.
Death and bereavement will sometimes show you a side of someone's character that you've never seen before.
His brothers or other relatives may say now that they had/have no expectations regarding your father's estate,
but there's nothing to stop them changing their mind and claiming all sorts of scenarios to be true.
There are legal procedures to challenge a will that seems water tight, as well as an estate with no will, which it
appears ought to go to one person. I'm assuming that the estate runs to high five or six figures.
A good solicitor is a must IMO as you don't want this to be a learning experience for you, as well as
the other kinds of experience it is. Excuse my poor terminology. No sleep. Toothache!
Stay clear of Citizen's Advice. Mostly, they're volunteers who will not have anything of value to impart,
unless you happen to trip over the one person in the county who is an expert in your area of need.
If you don't have a family solicitor that you can use and you're reliant on a recommendation, do not
take the solicitor's word on anything. Check everything they advise. Take notes if you need to and
make sure that you're happy to take their advice at the different points in the legal process.
A good funeral director ought to take care of all of the process involving movement of your father
and all the paperwork related to his death etc.
In fact, between the clergyman, solicitor and funeral director, you ought not to have to look after too
many details yourself. Once you've instructed them, obviously.
Because of Covid, we weren't permitted to have a church service. Only the briefest of services at the
graveside. The clergyman will do everything, including the eulogy. You don't have to speak.
Especially if you're very upset. I was very direct with our minister, about what I wanted said. In fact,
I wrote the eulogy. Mainly because my siblings told me that they didn't know enough about our
father's life to write it. That truly shocked me.
If you have legal cover through ANY of your insurance policies, this ought to cover the costs of a
solicitor. Obviously, you'll need to call your insurer to check. If they say no, challenge it.
If your solicitor is 'agreeable', he may include the expenses of other professionals in his bill
instead of you having to deal with separate bills.
Okay, I've just reread one of your comments. Your father's business will need to be wound up and
or his directorship dissolved and Companies House notified etc. As another said, HMRC will have to be
notified about his professional and personal affairs and liabilities so its better that a solicitor handles
this. Preferably a firm that employs solicitors and accountants.
As regards bereavement, an organisation called Cruse Bereavement Care are the best in the business,
bar none. Whenever you feel the need, if you do. They are the only people I would recommend to
anyone that I care about. They counselled the relatives of those lost in the Herald of Free Enterprise
disaster in 1987 and have been counselling since, at most major incidents, as well as training the other
leading bereavement services in the UK, Ireland and possibly abroad. I've used them as a company
officer, to counsel a few hundred employees and every person of the many I spoke to afterwards
couldn't speak highly enough of them. They are the best.
My advice. Lean heavily on your solicitor and let them bring in other professionals, as needed.
But make clear that you want to discuss fees ahead of time, if that's your wish.
And be as direct as you like. You get a lot of leeway as the bereaved, so use it.
Hopefully this covers most aspects of the arrangements. If you wish to sleep on a decision, do so.
Very few decisions have to be made in haste. As another said. The probate process is longer because
of Covid. In my father's case, which was uncontested and straight forward, I think it was about ten months.
Anything that you need to talk to someone about, or bounce something off, don't hesitate to
PM me and we can talk on the phone if you like. Anything that I can do to help, is NOT a problem.
I wouldn't want anyone to have to go through what I did and am still trying to process.
But, you don't have my sister for a sibling, so you have a huge head start in that respect alone ;)
Thankyou, that is all very much appreciated, thankyou for taking the time to write it all down.
 

oldwaterman

New Member
Messages
27
That's sad and on top of grieving you have the deceased financial affairs to have to deal with. I was executor for my late step mother, my father having pre-deceased her. She had bank and savings accounts and shares all over the place as well as her retirement apartment. I employed a solicitor to guide me through the process and check the number crunching but rather than one of his clerks I did all of the time consuming donkey work, contacting the various bodies and getting to stage of completing HMRC IHT and probate forms. That cost a lot less than simply handing it all over to the solicitor. Best of luck.
 

MaserMike

Member
Messages
329
Sorry for your loss, I have had to be the executor for both my parents estates - my dad 7years ago and my mum 18months ago. It's relatively straightforward although my parents had complex estates, there is a lot of form filling and knowing the tax rules - it can be very stressful whilst you are grieving. For my dad I had the help of his experienced accountant and lawyer friends, my mum did it with no additional assistance.

However I would recommend speaking to a friendly solicitor for your dad's estate and get an expert view, it could be very straightforward or you may just wish to pass on the load to them.... one less thing to worry about.

I would recommend a book which came recommend via a solicitor which I found helpful (get the latest updated version) "Probate for Dummies" and the actual online IHT / Probate guides are useful.

Best wishes
 
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Scaf

Member
Messages
6,593
One word of caution to add to the advice you already have is agreeing fees in advance if you use a lawyer or specialist probate firm.
Some probate firms set charges based on the value of estate which means if there is a property to sell fees can be silly and don’t nt make sense.
So as with most things in life, get more than one quote.
 
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