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quickcluck

any solicitors out there?

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Hi guys....

 

Sadly my FIL died last week, my husband has been busying about with his brother trying to get paperwork sorted into piles ready for the solicitors on wednesday.

 

I am just wondering what role the solicitor has.... does he take all the relevant info regarding banking, investment etc with him or does he have notify the companies himself with a copy of the death certificate and ask them to send any balences to them? Is there anything else that he needs to take? Any clues on what he could expect? We are all feeling alittle over whelmed....

 

Thanks in advance...

 

K

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I'm sorry to hear about the loss of your father-in-law. Don't worry, there is such a lot of paperwork when someone dies, but the solicitor will tell you what he or she needs.

 

Your husband should take a death certificate, and a copy of the will if there is one (maybe the solicitors hold the original) and yes it would be helpful to have a list of bank accounts, assets etc but there will be plenty of time to do that later. At this stage the solicitor is likely to just want to open a file and get an idea of what is in the estate.

 

The solicitor should explain the basis of their fees and charges - it's quite usual for them to quote a fee as a percentage of the estate, but they may calculate their charges differently - they should explain broadly what needs to be done, I.e will a grant of probate be needed, and tell your husband what other information they need. It's likely to be a slow process so don't panic about having information ready at this stage - concentrate on the funeral and the more immediate things.

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thanks for that Olly, this appears to be stressing him more than anything. I am pleased to hear that they will make things as plain and simple as possible, funny how your ears don't work as well in times of stress!

 

Fortunately there is a will and it will need to go through probate but as both children are executors I hope that this will be more a paper exercise.

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Sorry for your loss Quickcluck. When my mother died I was the executor and sorted out all the paperwork. I seem to remember having to visit some government department to get my role formalised. A solicitor was only involved when the house was sold. It did save us all a great deal of money.

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Same here Beantree, my husband was executor recently for his uncle.The only professional he needed was an accountant as there was Capital Gains Tax involved and it was complicated as his property was sold 3 years before he died and invested as he was in nursing home. From memory when getting death certificate get several as a lot of places pensions etc want original.

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Seem to remember I had to get something called a 'Grant of Probate', but it's a long time ago and the paperwork is in a box somewhere? There were three named executors but only one could actually take charge of the estate? I remember us being warned that the costs charged by a solicitor could swallow up a big chunk of the estate, hence the reason for doing it ourselves. It probably saved us time as well in the end, because we didn't need to keep asking a solicitor and all the paperwork was very straightforward. I put the money into a special account and then split it three ways when the whole thing was completed. Refunds came from the appropriate places without any delays at all; everyone was very helpful indeed.

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I have been an executor 3 times in 8 years - both my parents and Aunt, a solicitor was not required especially if there is a will and no one likely to argue with it. In all 3 cases the amount was less than inheritance tax so made things easier.

You have to obtain a grant of probate which is completing a form and returning to local probate office and then popping into a local solicitor and swearing an oath that you will carry out the wishes named on the will. My Aunt had several bank accounts so I just waited until I received the grant of probate and then booked an appointment at each bank took in the account details, death certificate and probate forms and closed all accounts and transferred the money. I didn't even bother telling them she has died until I had the probate as there was nothing they could do anyway. .....In fact all pensions, gas electric, water etc were straight forward apart from talk talk which were a complete nightmare !!!!

 

I know it all seems daunting but the one thing I learnt is don't rush to tell anyone because you need all the paperwork and it was just a waste of time....

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I have had to do this a couple of times in past few years. I didnt get a solicitor, as they take a big chunk out of the money and more importyantly they take a long time to finalise everything (I guess to justify their charges). Just had to get grant of probate. You can easily download the forms from the website and they are easy enough to fill in. Sent off with a fee then you get an appointment to go sign. Just remember to get plenty of copies of the death certificate as others have said. Also if the house is to be cleared make a list of everything with an approximate value of what they could be sold for - say on ebay or a local site, together with any costs you have incurred.

 

I found it felt better for me to do this for my Auntie and then my Mum rather than having someone impersonal going through everything. If there is a will it is quite straight forward. Just remember not to pay any bequests or give any items away until probate has been granted.

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Thanks guys,

 

All of this has been so very helpful. It will give my DH some sort of order to aim for. From what i've read from you all it does sound quite straight forward as there is no else else involved and both he and his brother are in agreement on everything......

 

I will show him this later, then he will be able to start his research!

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Hi,

 

Sorry to hear about your Father-in-Law.

 

It might be worth finding out if the local authority where your FIL lived offers a service called "Tell Us Once" - we used this when my FIL and MIL passed away and you can do it at the same time as you register the death. Not all councils are signed up to it but if they are it makes things a lot easier.

 

They ask for all the relevant details and then pass that on to people like the DVLA, Inland Revenue, TV Licensing,social services, the Dept of Work and Pensions etc. so they all get told at the same time, so it saves you making numerous phone calls and sending out loads of copies of the death certificate. It only works for Govt departments though, you still have to do all the faffing with utilities and banks etc.

 

Hope all goes well and thinking of you all at this difficult time.

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