English inheritance law

29 posts in this topic

18 hours ago, optimista said:

I wonder why the money is going into the sister's account.

I wonder how she got her mucky paws on it.  

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2 hours ago, Henribear said:

Apparently the solicitor has told my sister to put the money into her own account...

 

Says your sis or the sollictor? It sounds very wrong. Ask the sollictor directly if this was his advice. And if so (which I doubt), why.

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8 hours ago, Henribear said:

 Restrictions aren't going to last forever and I will get back to UK this year 

 

there's pretty much nothing you can do in the UK about this situation that you can't do from Germany - or have someone do for you. 

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7 hours ago, optimista said:

 

Says your sis or the sollictor? It sounds very wrong. Ask the sollictor directly if this was his advice. And if so (which I doubt), why.

Spoke to the solicitor today.  She's not spoken to or advised my sister. For some reason the death certificate has not been produced to release the will. I have stated that I will not give up executor nor will I pass over full.power. 

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Well done on not giving full power to your sister. My Mum died recently and so I have been through all of this probate stuff. I have 2 brothers  and they agreed to let me apply for Probate but they "reserved power". that is to say , they let me get on with it but still could intervene if they so wished.

Nothing from the Estate can de disposed of until probate is granted. Yot sister should not be disposing of any assets at all. She is only allowed reasonable expenses.

You only have 5 days from a death to apply for a death certificate so you need to find out why there is this delay.  Probate cannot be granted without a death certificate. Also i recommend going to the UK.GOV site and reading the probate advice there. I found it very useful.

Contact the solicitor again to express your concerns about this matter. 

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If you still feel you need to something more , then contact the Probate Service online and express your concerns and  maybe asked for a freeze on the application.

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The death certificate was delayed due to covid.  However the hospital did issue a notification of death to my sister almost straight away.  This was paperwork that was denied by my sister many times. It was also enough for me to be given a temporary residency which would have allowed me to travel to UK to attend my mother's funeral and also deal with the estate as executor.  The LAB here did not believe my sisters claims that no such paperwork was given but without it their hands were tied. 

I am gutted that I was lied to. 

We now have an appointment for residency at the end of April.  

Again I have been asked to give control to my sister and take power reserved. 

We have both asked the solicitor to take it to probate.  Paperwork can be posted to me to sign and when we have our residency I can travel to UK. 

Being able to attend my mother's funeral has been taken from me. I can never have that time back. Somehow I have to move forward from this. Tonight I feel so low. I now know that I am worthless to my sister. Having control is far more important 

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13 hours ago, Henribear said:

I have been asked to give control to my sister and take power reserved. 

We have both asked the solicitor to take it to probate.

 

This sounds confused. Under reserve just means you have the option of applying later for probate as executor... long, arduous, costly - and why would you do that? It sounds like the sollicitor is doing the paperwork to file the application for probate for your sister to be sole executor? So then your sis will be in control. And you will get what you are given. Which may not be your fair share. Because she will be reining in and distributing the monies. Not what you want. She will claim that she is saving you loads of sollicitors fees of course.

 

Give control to the sollicitor by having them execute the will. Not your sister. This is not the same as them applying for probate on behalf of your sister. If the sollictors are exectors they get Letters of Representation, not probate. I hope you have not already signed. Read all the words and understand the language before you sign anything.

 

Who is the applicant at the end of PA1P ? Your sister (first box) or the sollictor (second box) answering the question how are the applicants entitled to apply? It needs to be the sollicitor if you want them to be executors. Of course, that will cost a hefty fee. There is unfortunately no way round that.

 

If you do not want to be an executor (i.e. file all the paperwork with the authorities yourself) you can do one of the following:
• give up your right to apply for probate (known as ‘renunciation’) – fill in a
renunciation form (PA15) and send it with your probate application (PA1P)
• reserve your right to apply for probate later if another executor cannot deal
with the estate (holding ‘power reserved’) - this is what your sister is proposing in order to hoodwink you into renouncing - as far as I understand...
• appoint an attorney to act on your behalf – fill in an attorney form (PA11)

 

This last option is what you need to be looking at to secure your fair share of the inheritance.

 

I am still not a lawyer... keep talking to your sollicitor, not your sister.

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