EFC

[ EFC ]

Probate advice

Posted by rookwood <iframe src='https://members.boardhost.com/everton-forum/info/user=rookwood' width='330' height='300' border=0 style='border:none;'> on July 14, 2025, 7:20 pm

My father in law died a little while ago.

He had three surviving children including my wife but no partner. The middle child has been handling ghe estate. He had no assets in terms of property but he did have around 9k cash. No will.

There's a disagreement about whether there needs to be an application for probate. One side of the argument is the sum was too small (6k after funeral expenses) to need to; another is that he just needs to apply for probate.

Anyone any idea? I know nowt about this. I thought you always had to apply for probate.

Re: Probate advice

Posted by BertieBigBollocks <iframe src='https://members.boardhost.com/everton-forum/info/user=BertieBigBollocks' width='330' height='300' border=0 style='border:none;'> on July 15, 2025, 9:57 am, in reply to "Probate advice"

My understanding is if there's no will then you apply for letters of administration which is usually cheaper, as others have said if it's only a few grand you may find that the bank will pay out but you need to ask the question and if necessary get the LOA which I think are around £500 - £700.

Re: Probate advice

Posted by rookwood <iframe src='https://members.boardhost.com/everton-forum/info/user=rookwood' width='330' height='300' border=0 style='border:none;'> on July 15, 2025, 7:08 pm, in reply to "Re: Probate advice"

Thanks mate. The bank released the money to them already as NOK, so that's what's created a bit of a quandary.

Re: Probate advice

Posted by Lombardo <iframe src='https://members.boardhost.com/everton-forum/info/user=Lombardo' width='330' height='300' border=0 style='border:none;'> on July 15, 2025, 11:19 am, in reply to "Re: Probate advice"

It definitely definitely depends on the institution, they all set their own thresholds for how much risk there is that they might have to pay it again if they pay it out incorrectly.

If the money is all in one bank that is the first place to start, ask them what is the minimum they need to release the cash? Some of them will do an over the phone claim form with the kids.

Re: Probate advice

Thanks fella. They released it just with the other siblings writing letters to say they were happy for the middle child to receive it.

Re: Probate advice

Posted by L20_1878 <iframe src='https://members.boardhost.com/everton-forum/info/user=L20_1878' width='330' height='300' border=0 style='border:none;'> on July 15, 2025, 9:01 am, in reply to "Probate advice"

Better call Manny.

Re: Probate advice

Posted by efc84 <iframe src='https://members.boardhost.com/everton-forum/info/user=efc84' width='330' height='300' border=0 style='border:none;'> on July 14, 2025, 10:19 pm, in reply to "Probate advice"

Great source of knowledge this board.

Thankfully my mum and dad are still with us and unfortunately I've never had a rich lonely old relative who has ever left me anything so never had to deal with wills or inheritance but I genuinely thought it was just a case of 'right this is what was left, there's 3 of you, so this is your share'.

Why is everything such a ballache.

Re: Probate advice

That's how they've handled it really, as he didn't have much at all, no property etc.

Re: Probate advice

Posted by Captain Jack <iframe src='https://members.boardhost.com/everton-forum/info/user=Captain+Jack' width='330' height='300' border=0 style='border:none;'> on July 14, 2025, 9:24 pm, in reply to "Probate advice"

Just think yourself lucky you don't have to go through 18 months of probate then pay 600k inheritance tax (between 2). Then another 20k capital gains when you thought you were out of the woods.

*weeps*

We are the famous EFC

Re: Probate advice

Tbf given our own bad financial circumstances and that neither of our families own a house (plus the disabilities we have) it sounds like a better position than we're in, though I don't in any way deny the stress and pain it must have caused you.

Mum and Dad's house has gone to pay for their care. Wife's mum and dad split up when she was a kid as the dad abandoned them after going bankrupt without telling them, and their home was seized. Wife ended up on the homeless register. Both my wife and I are disabled and haven't consistently earned enough to buy our own so it's a nightmare all round really. The kids are only getting around 2k each from a guy who abandoned them 28 years ago and played a big part in destroying the family.

Sorry to rant mate, I feel a certain way about it in relation to our parents (my own were no picnic).

Re: Probate advice

I've DM'd you mate.

We are the famous EFC

Re: Probate advice

Posted by Obrima3 <iframe src='https://members.boardhost.com/everton-forum/info/user=Obrima3' width='330' height='300' border=0 style='border:none;'> on July 14, 2025, 10:51 pm, in reply to "Re: Probate advice"

Enough left to keep the spirits up though?

Formerly obrima2

Re: Probate advice

*sips rum*

We are the famous EFC

Re: Probate advice

Posted by Spart <iframe src='https://members.boardhost.com/everton-forum/info/user=Spart' width='330' height='300' border=0 style='border:none;'> on July 14, 2025, 10:27 pm, in reply to "Re: Probate advice"

I thought your Uncle Monty would have left everything to Smithers?

Re: Probate advice

You'd have thought so. No planning involved unfortunately 😕

We are the famous EFC

Re: Probate advice

Posted by Debeauvoir <iframe src='https://members.boardhost.com/everton-forum/info/user=Debeauvoir' width='330' height='300' border=0 style='border:none;'> on July 14, 2025, 9:18 pm, in reply to "Probate advice"

Different banks have different thresholds. For that amount the bank will ask the middle child to complete an application that they are entitled to receive the funds and may ask for a commissioner of oaths or solicitor to countersign.

Re: Probate advice

Thanks mate. The funds have been released.

Re: Probate advice

Posted by joemul <iframe src='https://members.boardhost.com/everton-forum/info/user=joemul' width='330' height='300' border=0 style='border:none;'> on July 14, 2025, 8:34 pm, in reply to "Probate advice"

If there’s no Will you’ll be applying for grant of Letters of Administration.

twitter: @joeymuller

PSN: bigjoemul

Re: Probate advice

Cheers mate

Re: Probate advice

You domt have to apply for probate if all the assets are already liquid and available (banks will freeze accounts so you can't access funds until probate is granted)

Its a costly business will eat up about 1k of the 6k left but if you think there might be later arguments then I would deffo get probate sorted just to protect the person who is executing the estate.

Re: Probate advice

Thanks Spart. They released the money already as both siblings wrote letters to say they were happy.

Re: Probate advice

Posted by Wally Bazoom <iframe src='https://members.boardhost.com/everton-forum/info/user=Wally+Bazoom' width='330' height='300' border=0 style='border:none;'> on July 14, 2025, 7:27 pm, in reply to "Probate advice"

You don’t have to apply unless over 5k is left.

wow&cam&bonsai&ferret

Re: Probate advice

That's what I thought, thanks

Re: Probate advice

Nah, my mum left over 60k in a bank account but fortunately, I was already a joint account holder so the funds were never frozen and effectively control was passed to me to decide what to do with it.

Never applied for probate, but after a ten year family fallout and one nervous break down I wish I had.

Re: Probate advice

You should have applied for probate.

wow&cam&bonsai&ferret

Re: Probate advice

I know that now, would have saved a lot of hassle further down the line but at the time it just felt like a cost that I didn't need to fork out as all the assets were effectively declared mine anyway.

My mums will also specifically stated she wanted me to have everything too so I thought if I shared everything that was left after paying off her creditors with my siblings anyway there would be no comebacks.

A year later when they'd spent their share I am facing allegations of hiding the size of the estate from them and demands for more cash....hence the nervous breakdown.

In the same situation again, I'd personally apply for probate even if it was only for a couple of grand, just for the peace of mind.

Re: Probate advice

Posted by KS_Blue <iframe src='https://members.boardhost.com/everton-forum/info/user=KS_Blue' width='330' height='300' border=0 style='border:none;'> on July 14, 2025, 10:31 pm, in reply to "Re: Probate advice"

For anyone who finds themselves as an executor, and hopefully you don’t, probate can be done without a solicitor and it’s relatively straightforward. A ball ache but not too challenging once you get into the swing of things.

Re: Probate advice

I should add I found it quite insulting that you have to pay something like £200 for the privilege of being allowed to collect your deceased relatives money.

Re: Probate advice

Posted by Alex_T <iframe src='https://members.boardhost.com/everton-forum/info/user=Alex_T' width='330' height='300' border=0 style='border:none;'> on July 14, 2025, 8:25 pm, in reply to "Re: Probate advice"

Hang on she left everything to you and they were moaning at you despite giving them money that you didn’t have to?

I can't go to jail, my mommas cooking chicken for dinner

Re: Probate advice

Yup.....families change when money is involved, I hope no-one else ever has to go through what I went through, cost me my health and 10 years with my siblings.. fortunately it's all patched up again now, but I ask live in dread that it might be brought up again

Re: Probate advice

Posted by santo_1878 <iframe src='https://members.boardhost.com/everton-forum/info/user=santo_1878' width='330' height='300' border=0 style='border:none;'> on July 14, 2025, 7:26 pm, in reply to "Probate advice"

I think anything from 5k upwards requires probate, but don't take that as gospel.

Re: Probate advice

Cheers Santo

Re: Probate advice

Is the cash in the bank? You’d only need it if they make you get it…. Which at that value I think they only would if there was a dispute registered with them.

As long as all the kids agree I reckon they’d pay it out without probate.

Re: Probate advice

Yeah they did mate.

Re: Probate advice

1500 each.

My invoice is in the post.

Formerly obrima2

« Back to index

511

[ EFC ]