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Legal question

ProfilePosted byOptionsPost Date

Margaret

Margaret Report 1 Nov 2010 08:00

I am one of the executors in their Will for my 87 yr old Aunt and Uncle. My Uncle has pancreatic cancer and I suspect he has only a few months with us. I know exactly what to do when the remaining spouse dies as I had toi do this when my mother died, BUT I have no idea what I need to do for my Aunt when she is kleft on her own. Do you have to go through the same probate procedure or do I just have to get any bank accounts etc. changed into sole name. I realise that we have to inform people such as his works pension, state pension etc but other than this, I would welcome any info regarding what I need to do. Does anyone actually know ? Thanks.

Elisabeth

Elisabeth Report 1 Nov 2010 08:14

Margaret,

I would think you will still have to go through Probate, as the banks etc will need proof of Probate to change any accounts, pensions, investments etc. I don't think they would do it without proof.

Elisabeth

KempinaPartyhat

KempinaPartyhat Report 1 Nov 2010 08:20

Try this it looks really good

http://www.adviceguide.org.uk/index/your_family/family/wills.htm

Set up by the CAB to help people like us !!

Margaret

Margaret Report 1 Nov 2010 08:26

Thank you both. I will take a look at that site and see what info it contains. Thanks again.

+++DetEcTive+++

+++DetEcTive+++ Report 1 Nov 2010 08:30

I helped my father when mother died. Yes, basically the same, assuming his Will leaves everything to her.

Write to all organisations holding accounts, sending a copy of the DC, saying you are writing on her behalf, or as an Executor and if the accounts are in joint names they usually just change it to hers. Single named accounts will need a sealed copy of the probate when issued.
Just as you did with your Mother, you need to ask for them for a statement including any interest at the time of his death.
ISA's/TESSA's/(Tossa's?) will revert to taxable savings.

Don't forget credit cards! If Aunt is a secondary card holder, you may want to discuss if she wants one in her own right as your Uncle's account will be closed, and no new charges made to it. Not sure if they will freeze interest on outstanding amounts - you'd need to talk to them and explain the situation.

You might want to re-register owned property into her name only, but I'm not sure if this is strictly necessary.
Council Tax - single occupants get a reduction, so let them know.
Utility bills - speak to them re amount due - if solely in his name it might be able to be offset against any IHT. They need to be switched to her name.

Don't forget care allowances along with the DWP etc. Aunt 'may' be entitled to extra or different pension - check.

Have you already been recognised as an Appropriate Person by DWP etc? It does make things easier if you have to take over day to day arrangements. If I hadn't done so with Father, they wouldn't have spoken to me when he had a serious stroke.

A sad situation for you to be in, but if you've got an idea what to do when the event does occur, it is easier to get organised.

DET
XX

Margaret

Margaret Report 1 Nov 2010 08:37

Thank you DET, that is most helpful. Fortunately they are of the generation that do not have either credit or debit cards and I have a feeling all their assets are with just one Building Society. With a few to the future my Aunt has also had me made - can't remember what it's called, but named as handling her financial affairs if she is unable - so that is sorted out. Thank heavens it sounds a lot less complicated than obtaining probate. Thank you for your help.

+++DetEcTive+++

+++DetEcTive+++ Report 1 Nov 2010 08:43

Depending on the value of his assets, you do need to do some form of Probate!

Is a grant of probate/representation always needed?

When a grant is needed
A grant is almost always needed when the person who dies leaves one or more of the following:

* £5,000
* stocks or shares
* certain insurance policies>>>>>>forgot about that!
* property or land held in their own name or as 'tenants in common'

In most cases above, the bank or relevant institution will need to see the grant before transferring control of the assets. However if the estate is small some organisations, such as insurance companies and building societies, may release the money to you at their discretion.)

http://www.hmrc.gov.uk/inheritancetax/intro/probate-process.htm

There are links on that page to find the correct form.

Even 'Penny' insuance policies taken out 87 years ago will have a couple of hundred pounds of value to them.