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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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we have had a death in the family and there is a death in

Customer Question

Hi we have had a death in the family and there is a death in service payment to be made, the deceased bank account has been closed and we have been told there is a fair sum of money involved so the trustee of the will who is the deceased Sister is going to apply for probate herself. now she has been told to open a separate bank account to which all monies are to be payed into regarding the estate, so far as we are aware figures have to put down on the form to apply for probate which we don't have at the minute so can not proceed with that at present, the trustee has been to the bank to open a separate bank account and been told to obtain the probate first, we do not know what to do first and which can and can not be done, any advice and help on this would be most welcome. Thank you Norman
Submitted: 1 year ago.
Category: Family Law
Expert:  Joshua replied 1 year ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Please accept my condolences on your loss.

Joshua :

For the avoidance of any doubt may I clarify that the death in service payment you refer to - this is a payment due by the deceased family members employer. Is this correct please? If so have you yet ascertained whether payment was nominated to any particular person or whether the payment is due to the deceaseds estate? Different schemes have different rules.

Joshua :

Did the deceased leave a will appointing executors? If not were they married or have any children?

Customer :

the payment is from the family members employer, the will appoints his Sister as the executor of the will, we have been told that as there is a sum of money still in the deceased bank account ,that it is not closed but is on hold shall we say with no transactions being done and that his Sister to go to the bank and explain whats going on and seek to get the account opened back up for this payment to made into it and then apply for probate when the final figures for the estate are obtained. the deceased has never married and there are no dependents.

Expert:  UKfamsol replied 1 year ago.

Hello and thanks for your question.

The bank is entitled to say that they want to see a grant of probate first, before the separate bank account is opened, so the trustee will need to apply for probate. I appreciate that that’s a nuisance – but in summary, here’s what she needs to do:

  1. Complete the application form PA1

  2. Complete the tax form

  3. State how many copies of sealed copies of the grant of probate she needs

  4. Enclose an official copy of the death certificate, the original will, plus any other documents the Probate Service request eg a decree absolute

  5. Cheque made payable to HM Courts & Tribunals Service, for the fee

  6. Send all to the nearest Probate Registry

In detail:

  1. Complete Probate application form PA1, here:-

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/pa001-eng.pdf

There are some guidance notes available, in leaflet PA1a, here:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/pa001a-eng.pdf

On the form PA1, the trustee will need to say which is the nearest Probate Registry. Here’s the list, in the Directory of Probate Registries and Appointment Venues:-

http://www.probateforms.info/wp-content/uploads/2014/01/PA4-Directory-of-probate-registries-and-interview-venues.pdf

2.When the trustee applies for the grant of probate, she will also need to enclose a completed tax form, whether or not the estate is liable for inheritance tax (IHT). The current limit is £325,000, so if the deceased’s estate is worth less than that, or after taking into account gifts in the will to his/her spouse, or gifts to charity (which are tax-free) what is left of the estate is less than £325,000, then no IHT is payable.

If no IHT is payable, then the trustee needs to complete Form IHT205 Return of estate information.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/372028/iht205-2011.pdf

There are some detailed notes to help the trustee fill in Form IHT205, here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/372051/iht206-2011.pdf

If IHT is payable, then the trustee needs to complete Form IHT (combined with guidance notes) here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/373666/IHT400_Integrated.pdf

3.How many official sealed copies of the grant of probate will be needed? It’s a good idea to get a few eg 6 because the trustee will need to send one to every organisation eg banks, building societies and pension funds, in order to access the deceased’s funds. She can always get more later, but the probate registry will charge more if not applied for at the same time as applying for the grant.

4. An official copy of the death certificate is needed, plus the original will, not a photocopy of either.

5. The amount of the fee will depend on how many copies and whether or not the estate is under £5,000.Here’s the list of probate fees from April 2014, with some examples of how to calculate the amount payable:-

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/pa003-eng.pdf

6. The trustee can find the address of the nearest probate registry in this Directory of Probate Registries and Appointment Venues, here:

http://www.probateforms.info/wp-content/uploads/2014/01/PA4-Directory-of-probate-registries-and-interview-venues.pdf

Finally, here’s a very useful leaflet PA2 which goes through the process on how to obtain probate:

http://www.probateforms.info/wp-content/uploads/2012/12/PA2-How-to-obtain-probate-leaflet.pdf

I hope this helps and I wish you and the trustee the best of luck.

Thanks and best wishes...


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