Pro - Does anyone else's nest boxes get soaked in rain?

[charly1979]

We lost our Uncle (great Uncle to be precise) in April and my mum has been stated as sole executor in the will with myself and sister being beneficiaries.

 

Its all taking time to sort out as its a large estate so probate valuations etc .... (you learn quite a lot and how many companies are waiting to fleece you from such a sad occasion )

 

Anyway mum has had a letter from her solicitor telling her that they strongly advise her to do the following

 

1) Pay over £200 to put adverts in London etc to make sure that there isn't anyone who would have a claim to the estate

2) Pay £135 to the FSA to search to make sure that my uncle isn't due any future payments from investments etc.

 

I can kind of understand number 2 although surely that is why she has instructed solicitors in the first place makes you wonder what they do but I can not get my head around number 1, my Uncle only married once, had no children (mum said an ex wife has a claim to pensions). I always thought if you had a will it was relatively clear cut (I am aware that a will can be contested but that is different to this isn't it ?) I only thought that people outside of the close relative circle only had a claim if there was no will and the estate was in probate.

 

Can anyone explain or is it just another way to get money from us ?? I really wish I had studied law of my 3 children I will be forcing one of them to study the law

[Daphne]

I can see no point in number 1). My understanding is that there is a public record of grants of probate and there is no obligation for executors to publicise these separately, the onus is on any claimant to inform him/herself. I have no experience of 2) - I wasn't aware the FSA did this sort of thing, so I might be inclined to call them to see what sort of service they offer if you have any reason to think your uncle's records might be incomplete. I have been an executor twice, including of a very complex estate, and didn't do either of these things.

 

BTW it is not necessary to use a solicitor at all, even with a complex estate, although I understand why people do as it does involve a lot of time and effort to sort things out, particularly the tax implications. However, probate charges from solicitors can be very high so you do well to ponder everything, although I have a nasty feeling they may have charged you to send a letter about these things which are not, on the face of it, necessary

[chickencam]

My aunt who is a retired solicitor I'd my Grandad's probate last year and she paid to place the adverts just to make sure that she had covered all bases. Can't really comment on point 2 but there are a large number of unclaimed accounts which are sitting dormant, I suppose it depends on how much anyone knew about his financial affairs, if it worth paying for a separate search.

 

Probate is very time consuming which is why solicitors charge so much, I would make sure that I had a legal input if I ever had to do it.

[rabbitfluff]

I've been trying to sort out my Aunt's (very small) estate for my mum who's the executor but isn't really up to sorting it. I think number one is to give any creditors your uncle might have had the chance to come forward and make a claim on the estate. If you distributed the estate and then a creditor came forward the executors could then be liable for paying the debt. The adverts give a time limit for them to come forward.

 

I'm going to have to do this for my aunt as I know she had a loan for a new boiler, which I don't think was paid off, but I'm struggling to get any useful information from the company I think the loan is with. I'll put the advert in and if no one comes forward I'll distribute the little bit of money there is. My situation isn't helped by my uncle who is sending texts every other day telling me how hard up he is and how much he needs the money!

[Olly]

It's not a scam, it's recommended, as others have said above, to avoid anyone getting in touch after the estate has been distributed and saying they were owed money. If you want, you can refuse to do it, but in that case I would expect the solicitor to ask you to sign something to the effect that you've been advised and have chosen not to take the advice.

 

I would say its worth it for peace of mind, especially if it is, as you say, a large estate.

[charly1979]

Thanks your comments help a lot although the letter mum had didn't mention people that he 'may' have owed money too more like people who would 'benefit' from the will possibly why we are confused

 

I will pass this information on although whilst a biggish estate we know that he didn't have any debts loans etc on that part my Uncle was very good and all is very well documented

 

I agree its all time consuming and mum feels at time the vultures are circling but it makes me realise that I must make things clear and easy for my children etc when my time is up (many many many years ahead I hope)

[charly1979]

. My situation isn't helped by my uncle who is sending texts every other day telling me how hard up he is and how much he needs the money!

 

Hope things get sorted for you soon its not a nice thing at the best of times, luckily for us its me mum and my sister that are mostly named in the will (He had a really complicated bit that we are meant to get a yearly allowance but that's another thread completely) and his other 3 nephews and lodge he attended all get a payment, all of which are happy to wait (legally it has to be paid within a year of losing my uncle) I don't think mum could cope with any extra stress.

[sadietoo]

Just to add my two pennerth, I agree with Olly completely, the point of the notices in the paper is to protect the Executors as has been said. If you Mum chooses not to do it, or distributes the estate before all the creditors (including the Inland Revenue) have been paid, she could be held liable. it's just the Solicitor being cautious, and trying to protect the Exors.

[charly1979]

Again thanks

 

Mum is meeting with the solicitor next week but its been reassuring to hear everyone's advice x