The Will - How not to be that guy.
Discussion
Hi. Not having any experience in these matters I thought I'd see what you guys might know with your experiences.
I lost my father in December. He had been ill with stomach cancer for some time so it wasn't a great shock. We'd a difficult relationship when he left my Mum and again through the late 80's but we had got it together from the middle of 90's and everything had been good for the last few years. He even stumped up 75% of the deposit for my flat (which was £10k.) in 2000.
Since his funeral I've heard nothing about the will and I'm beginning to get a bit concerned. He mentioned on several occasions that it existed and that I was in it and I have no reason to believe that situation has changed since he talked about this after the deposit contribution was made. My brother was even an executor before he moved to Spain so I'm pretty sure that both of us are mentioned in it along with my half-brother and sister.
So I have two questions.
1.) Should the will have been read by now? I know they have to make sure all the funds are collated in one place but I would only describe him as comfortably off so there shouldn't be too much to sort out. He had spent a reasonable amount of time in Australia in the late 90's/early 20's so I'm sure he would have had a bank account there and he had a small consultancy firm which, although he hadn't worked with that for about 4 years, would need to be wound down but apart from that and a university pension that should be it.
2.) How do I approach this issue with my Step-Mum? Although there was no really serious issues between us personally, she is what I would describe as 'brisk' and doesn't suffer fools lightly. (Very like my Dad!) I don't want to go in like an blundering idiot when it turns out two days later there is a letter on my doorstep.
So is there anyway of finding out if the process has started without going through her? I rang the probate office close to where he is and they said they couldn't tell me even if anything had been submitted without a £60.00 cheque. I have no idea who my dads lawyers are either, I'm afraid.
That's about it really. I don't want to sound like a complete twonk and no amount of money will bring him back but he did suggest that he would help me when his time came. Hopefully I've not come across too much as a money-grabbing git, I just want to know if everything's going to plan.
I lost my father in December. He had been ill with stomach cancer for some time so it wasn't a great shock. We'd a difficult relationship when he left my Mum and again through the late 80's but we had got it together from the middle of 90's and everything had been good for the last few years. He even stumped up 75% of the deposit for my flat (which was £10k.) in 2000.
Since his funeral I've heard nothing about the will and I'm beginning to get a bit concerned. He mentioned on several occasions that it existed and that I was in it and I have no reason to believe that situation has changed since he talked about this after the deposit contribution was made. My brother was even an executor before he moved to Spain so I'm pretty sure that both of us are mentioned in it along with my half-brother and sister.
So I have two questions.
1.) Should the will have been read by now? I know they have to make sure all the funds are collated in one place but I would only describe him as comfortably off so there shouldn't be too much to sort out. He had spent a reasonable amount of time in Australia in the late 90's/early 20's so I'm sure he would have had a bank account there and he had a small consultancy firm which, although he hadn't worked with that for about 4 years, would need to be wound down but apart from that and a university pension that should be it.
2.) How do I approach this issue with my Step-Mum? Although there was no really serious issues between us personally, she is what I would describe as 'brisk' and doesn't suffer fools lightly. (Very like my Dad!) I don't want to go in like an blundering idiot when it turns out two days later there is a letter on my doorstep.
So is there anyway of finding out if the process has started without going through her? I rang the probate office close to where he is and they said they couldn't tell me even if anything had been submitted without a £60.00 cheque. I have no idea who my dads lawyers are either, I'm afraid.
That's about it really. I don't want to sound like a complete twonk and no amount of money will bring him back but he did suggest that he would help me when his time came. Hopefully I've not come across too much as a money-grabbing git, I just want to know if everything's going to plan.
Eric Mc said:
Find out if a will actually existed.
His solicitors should know that. If you don't know who the solicitors are, you might be able to find out by contacting the undertakers who dealt with the funeral arrangemnents
Errr..... don't know that either. He lived in Humberside and I'm in Surrey so it was all organised by my Step-mum.His solicitors should know that. If you don't know who the solicitors are, you might be able to find out by contacting the undertakers who dealt with the funeral arrangemnents
Not doing well here, am I?
Well it's really going to depend how complicated his estate was. My Father in Law died on the 1st of Jan and I've been dealing with most of the paperwork and it's proving to be pretty complicated, so I don't think it's unusual for these things to take months if not years to sort out.
The way it works is that -
- First off the executor needs to understand what and where your dad had funds or assets. This can take some time if he had multiple accounts, shares, property etc etc. Every company that has something that your dad owned (like a bank account) will want to see a death certificate before the confirm the details of his holdings, so depending on how many accounts and death certs the executor has this can take a bit of time (2 months in our case)
- Then once you have a good idea of the estate, you can start looking at the tax forms, if he had a fairly simple estate then you just fill out a simplified (haha!!) IHT205 tax form that goes to the probate office, this essentially means that no inheritance tax is payable. If the estate is more complicated the an IHT400 form may need to go to the tax office and a level of tax payment may need to be made. You can't go into probate until the tax payment has been agreed (this may mean that tax needs to be paid before any beneficiaries).
- Once the tax situation is sorted you can apply for probate, the executor will then need to go to a probate office to swear an oath. We are just at this point now so I've no idea how long it may take.
- Once probate is granted the executor then can access the deceased estate. Any debts will need to be paid first, then anything remaining will be apportioned according to the will. Anything that's joint with your step-mum would automatically pass to her, that would include joint accounts, property where she was named a joint tenant, so depending on how their finances were arranged will depend on what will actually get paid out....if there isn't the funds in your dad's sole name as his estate then the amounts bequithed will be reduced.
I hope all that helps, but as you can see it does take some time to go through the process. Even more so if any assets need to be sold before the will can be executed.
As for approaching your step-mum, why not offer to help? It's massively confusing at times and takes a lot of time to deal with it so maybe she would appreciate some help and at the same time you get to stay involved with what's happening.
The way it works is that -
- First off the executor needs to understand what and where your dad had funds or assets. This can take some time if he had multiple accounts, shares, property etc etc. Every company that has something that your dad owned (like a bank account) will want to see a death certificate before the confirm the details of his holdings, so depending on how many accounts and death certs the executor has this can take a bit of time (2 months in our case)
- Then once you have a good idea of the estate, you can start looking at the tax forms, if he had a fairly simple estate then you just fill out a simplified (haha!!) IHT205 tax form that goes to the probate office, this essentially means that no inheritance tax is payable. If the estate is more complicated the an IHT400 form may need to go to the tax office and a level of tax payment may need to be made. You can't go into probate until the tax payment has been agreed (this may mean that tax needs to be paid before any beneficiaries).
- Once the tax situation is sorted you can apply for probate, the executor will then need to go to a probate office to swear an oath. We are just at this point now so I've no idea how long it may take.
- Once probate is granted the executor then can access the deceased estate. Any debts will need to be paid first, then anything remaining will be apportioned according to the will. Anything that's joint with your step-mum would automatically pass to her, that would include joint accounts, property where she was named a joint tenant, so depending on how their finances were arranged will depend on what will actually get paid out....if there isn't the funds in your dad's sole name as his estate then the amounts bequithed will be reduced.
I hope all that helps, but as you can see it does take some time to go through the process. Even more so if any assets need to be sold before the will can be executed.
As for approaching your step-mum, why not offer to help? It's massively confusing at times and takes a lot of time to deal with it so maybe she would appreciate some help and at the same time you get to stay involved with what's happening.
OP the simple fact is you don't know if the Will existed or if it did, whether it was replaced by a more recent one. If you are an executor, you will be appointed in the Will, and therefore will have a copy of it.
I would suggest approaching Step-mum along the lines of "Dad mentioned that brother and I are the executors of his Will, but I've not been contacted by the solicitors yet, I thought I'd better chase them up - do you know which solicitors he used?"
Be ready for the "he wrote a new one...." though.
If Step-mum pleads ignorance it's time to mailshot solicitors in the area.
I would suggest approaching Step-mum along the lines of "Dad mentioned that brother and I are the executors of his Will, but I've not been contacted by the solicitors yet, I thought I'd better chase them up - do you know which solicitors he used?"
Be ready for the "he wrote a new one...." though.
If Step-mum pleads ignorance it's time to mailshot solicitors in the area.
mathmos said:
Lots of helpful stuff.
Thanks everyone for your thoughts so far. Certainly what mathmos has just run through has put my mind a little at rest, seems I might be jumping the gun a little bit. Will investigate through the crematorium about the undertaker and therefore hopeful then then solicitor.
Just a little surprised that I haven't had anything that says basically says "You are in the will, we just can't tell you for what yet,". Guess I'm just naïve in these issues.
Will contact my Step-mum tonight if I can find a way of doing it without sounding like a total spanner.
You could offer to help with the admin/paperwork etc? or ask her if there are any difficult bits or if any companies have been annoying?
and also ask how she is feeling?
When I helped my mum with the paperwork it was all fairly straightforward - although a bit of a blur. From memory we sorted it over 1-2 weeks but everything went into my mums name so there was nothing to split or really do. Just change the name on bills, and mortgage deeds etc.
and also ask how she is feeling?
When I helped my mum with the paperwork it was all fairly straightforward - although a bit of a blur. From memory we sorted it over 1-2 weeks but everything went into my mums name so there was nothing to split or really do. Just change the name on bills, and mortgage deeds etc.
Had a good chat with my Step Mum. Basically should be sorted out by the end of next week.
She reckons the reason why it has taken so long is that "Your Dad didn't leave much so the solicitor put him to the bottom of the pile as he wasn't going to earn much,"
Just glad its going to get sorted basically, all the money won't bring him back.
She reckons the reason why it has taken so long is that "Your Dad didn't leave much so the solicitor put him to the bottom of the pile as he wasn't going to earn much,"
Just glad its going to get sorted basically, all the money won't bring him back.
Sorry to hear about your father.
My father who died of cancer and was persuaded the day before his death to sign a new will by his partner and a solicitor (who I later found out was a school friend of his partner). Until that day he used the same Solicitor all his life(4 wills) his signature was a weaker version of previous wills, she deprived the grand children out thousands (which later I made up so they didn't suffer), fought this through the courts but gave up years later after thinking throwing good after bad, so be careful as to a lot of crafty people it's asset robbing time, a lot of wills are now registered..I know mine is!
You could check here...https://www.certainty.co.uk/findawill/home/index.ashx?gclid=COOXy7fujb0CFe3ItAodNH4AcA
My father who died of cancer and was persuaded the day before his death to sign a new will by his partner and a solicitor (who I later found out was a school friend of his partner). Until that day he used the same Solicitor all his life(4 wills) his signature was a weaker version of previous wills, she deprived the grand children out thousands (which later I made up so they didn't suffer), fought this through the courts but gave up years later after thinking throwing good after bad, so be careful as to a lot of crafty people it's asset robbing time, a lot of wills are now registered..I know mine is!
You could check here...https://www.certainty.co.uk/findawill/home/index.ashx?gclid=COOXy7fujb0CFe3ItAodNH4AcA
Thanks everyone for your advice. I spoke to my step-mum and the good news is that the will has now nearly been processed. I know how much I will be getting and although its not life changing it is more than fair.
Now all we need to do is move on my Dads MG Midget.
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Thanks everyone.
Now all we need to do is move on my Dads MG Midget.
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Thanks everyone.
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