Help with probate.

Discussion in 'Off Topic Area' started by slickoneuk, Jul 19, 2012.

  1. slickoneuk

    slickoneuk Member Supporter

    Howdie all. Anybody here famaliar with probate law in England etc?

    Thanks

    BBB
     
    Last edited: Jul 19, 2012
  2. jorvik

    jorvik Valued Member

    When my Dad died ,my wife and I handled the probate. It was fairly straightforward. Look on the internet and you will find lots of info about how to do it, and the courts are very helpfull as well.
    My Dad had made a will which made it a lot easier.
    Whatever, you do don't use a solicitor as they will rob you blind, or anybody from your bank. I asked my Dad's solicitor and he wanted 5% of my Dad's estate, Barclays had a service and they wanted £4,000. I think it is disgusting that they can get away with this especially when you are grieving over having just lost someone.
    If they haven't made a will or there are many family members involved and complex issues then you may just have to seek a service, I would advice you to shop around first though.
     
  3. Aegis

    Aegis River Guardian Admin Supporter

    Are you the executor of an estate, or are you asking for more of a general overview?
     
  4. slickoneuk

    slickoneuk Member Supporter

    Long story. Wife's father fell off his boat and drowned, he's wife didn't tell any of his family. we found out by chance 8 weeks later by accident. She cremated him and left him at the crematorium. We can't even get his ashes. My wife and her brother and sister are in a hell of a state. His wife is now selling everything that was his. Just want my wife and family to get what is rightfully theirs and not fall into the hands of his evil wife.
     
  5. Aegis

    Aegis River Guardian Admin Supporter

    The outcome of this depends entirely on whether your father in law had a valid will at the time of his death. If that's the case, it will name an executor and will bequeath out his assets as he wishes. If someone who arguably should have been in the will isn't included, it is possible to argue that through the courts and have the will retrospectively amended to take account of that person.

    If he died without a will, then the system of intestacy is used, which is fairly rigid and cannot easily be amended. If memory serves, someone dying with a spouse and children would leave £250,000 outright to the spouse and any excess split evenly between his children and the surviving spouse, however the spouse only has access to the income generated from this half, not the capital (in legalese, they become the life tenant of the excess, with the children as the remaindermen).

    It's worth asking to see a copy of the will, but many wills are set up to leave everything tot he surviving spouse on death, so it may be a struggle to get anything out of it for your wife.

    Bear in mind that the above is my understanding of the law in England and Wales only - other jurisdictions will vary and the above should not be considered to be regulated advice, just information for discussion (compliance departments are such fun!).
     
  6. slickoneuk

    slickoneuk Member Supporter

    Yep. that's what I understand too. There was no will. I am not sure if she even appleied for or used probate. Tis a big mess. Cheers for your time folks.
     

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