Post AcseGHVsDFJb2LPQdU by firebird2110@spinster.xyz
(DIR) More posts by firebird2110@spinster.xyz
(DIR) Post #AcrmUHev4WH61DrtTM by firebird2110@spinster.xyz
2023-12-16T12:01:37.662936Z
2 likes, 0 repeats
Short rant. When my dad died probate taking a long time didn't really matter, mum and him had joint accounts and bills and stuff and I guess we didn't notice how long it took. It was a technically, no biggie. Now it's my brother and we need to sell his flat and sort out his finances and we can't even start without Letters of Administration from the Probate Registry. The LA don't charge council tax for the first 6 months, which on the face of it sounds reasonable. Housing crisis and all that, we don't want homes being left empty for no good reason, but they started the clock from the day he died. With the kind of delays that seem to be typical (see below) we could be facing a 100% council tax bill before we're even allowed to put the place on the market! How the đ€Ź is that fair?! I'm thinking we just refuse to pay. Incompetence by one branch of government shouldn't give another branch the right to rob us. đ https://www.theprobatedepartment.co.uk/probate-delays/
(DIR) Post #AcrnjV5hVx35yWDNJo by firebird2110@spinster.xyz
2023-12-16T12:09:08.202329Z
0 likes, 0 repeats
I should add, you can only use the online system if you are the spouce or child of the deceased, everyone else has to send in a paper copy which means we're faced with that lead time on scanning before anyone could theoretically look at it.
(DIR) Post #AcrnjVwAMt14bElH60 by Flick@spinster.xyz
2023-12-16T12:19:34.710514Z
0 likes, 0 repeats
@firebird2110 Iâm assuming there is no will? If not, in E&W if your mum is still alive then she can apply online. If sheâs not, you can. Iâm sorry youâre having to go through this. Everyone should have a will, even if they donât think they need one because itâs âstraightforwardâ. FWIW, my fatherâs probate took about four months last year.
(DIR) Post #AcrnxkttX0rX3tUQe8 by Flick@spinster.xyz
2023-12-16T12:22:09.538554Z
0 likes, 0 repeats
@firebird2110 The LA donât charge council tax for the first 6 monthsI think youâve been misinformed. No council tax until probate is granted and then none for six months: If youâre selling a property on behalf of an owner whoâs died, you do not need to pay Council Tax until after you get probate as long as the property remains empty. After probate is granted, you may be able to get a Council Tax exemption for another 6 monthshttps://www.gov.uk/council-tax/second-homes-and-empty-properties
(DIR) Post #AcroAYrtZv2nVcf2lU by FeartnTired@spinster.xyz
2023-12-16T12:23:53.756424Z
1 likes, 0 repeats
@Flick @firebird2110 I have no idea where they are with my dad's estate, he died end of March 2022 and there's been nothing from the lawyers since March of this year. Scottish system is a bit different, but afaik the backlog is likely the sheriff court or HMRC. but who knows. I believe the house was sold. but the rest of the estate is still outstanding.
(DIR) Post #AcrpffAwHJtm09xkno by firebird2110@spinster.xyz
2023-12-16T12:39:23.299813Z
0 likes, 0 repeats
@Flick That makes more sense, THANKYOU!! đ„°
(DIR) Post #AcrpkQjXOtrGetQ3Bg by Flick@spinster.xyz
2023-12-16T12:42:09.673027Z
0 likes, 0 repeats
@firebird2110 No problem. Probate is a horrible huge mess of admin, shout if thereâs anything else that seems off and Iâll see if I can help find answers.
(DIR) Post #AcrtakTTY6eOnxXrZg by firebird2110@spinster.xyz
2023-12-16T12:47:37.317509Z
1 likes, 0 repeats
@Flick Mum applied, but it said she had to use the paper form. The day he died she was on her way to visit him in hospital and was going to talk to him about the need for a will. She's not exactly thrilled about being the beneficiary because she'd managed to get her own affairs nicely sorted out and although his estate won't attract inheritance tax her's now potentially will. She intends to split his estate between the 3 grandchildren but she needs to do that and then be sure to live 7 more years, whereas if he'd written a will all this could have been sorted out, assuming that's what he'd have wanted to do đ
(DIR) Post #AcrtalHoWwutK5642K by Flick@spinster.xyz
2023-12-16T13:25:09.728989Z
0 likes, 0 repeats
@firebird2110 I think this might be worth paying for an hour with a lawyer. I am not a lawyer, but I think she may be able to refuse the implied bequest and it would devolve to the siblings, who could then refuse and have it go to the children without any IHT implications for mother / siblings. If there is a will, you can refuse like that, Iâm not sure without.
(DIR) Post #AcruZj5nIlJOBQXq64 by FeartnTired@spinster.xyz
2023-12-16T13:34:05.723123Z
1 likes, 0 repeats
@Flick @firebird2110 not sure without a will, but with one it was definitely possible, mum did that. it means the estate is subject to tax before residue is awarded, whereas she'd have had a certain amount of tax free allowance as (on paper) spouse. with mother to son it's even more complicated. I agree a consult with a lawyer could clear up a lot.
(DIR) Post #AcseGHVsDFJb2LPQdU by firebird2110@spinster.xyz
2023-12-16T22:07:11.320490Z
1 likes, 0 repeats
@Flick That wouldn't work because the standard split would give 1/2 each to me and my brother, meaning his kids would get 1/4 each and my daughter would get 1/2. BUT looking into it there's an alternative called a Deed of Variation which allows her, as the sole beneficiary, to redirect the inheritance so she could set it up as 2/3 into a trust for my brother's kids and 1/3 directly to my daughter as she's over 18. The effect is as if he had written a will. This may be the way to go đ
(DIR) Post #AcseMBmWR26Szy0tOq by Flick@spinster.xyz
2023-12-16T22:09:14.091167Z
0 likes, 0 repeats
@firebird2110 Good luck. I really do think itâs at least worth paying for a consult with a solicitor for this sort of thing. Itâll be maybe a couple of hundred but will give you a better idea what to do.