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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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In 2012 my brother and I were Executors of our late fathers

Resolved Question:

In 2012 my brother and I were Executors of our late fathers estate. He was Executor to our late mother, his wife in 1996. It has come to light that share certificates gifted by my late aunt in her will dated 1973, (our father was Executor to my aunt in 1990, a long time divorcee with no children), to our late mother and her other late sister are held by Two Registrars. To update the share register and sell the shares we are informed that we need to provide a grant of probate or letters of administration. It is expected to have a value of below £20k and we can use the small estates package. I only have my aunts will and death certificates for all concerned. What should I do to be able to sell the shares?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstFor clarity - I assume your father did not need to obtain Probate for the Estate's of wither your mother or her Aunt?
Customer: replied 1 year ago.
No, that is right. My aunt lived with us prior to going into a hospice where she sadly passed away. For clarity you state my mother or her aunt, she is my mothers sister and our aunt.
Expert:  Clare replied 1 year ago.
My apologies for the delay - i am just checking the forms that you will need so that I can give a full answer!
Expert:  Clare replied 1 year ago.
Could you clarify if what you are referring to is a War Disablement Pension?
Customer: replied 1 year ago.
No these are staff share scheme holdings with W H Smith and ***** ***** with associated dividends
Expert:  Clare replied 1 year ago.
Sorry - that was not a comment for you - it was a site glitch.I was just completing the answer when I re-read the question.The original gift of the shares was to your mother and another sister - and the other sister has also now died.What was the position with regard to THAT estate
Customer: replied 1 year ago.
Surviving children aged circa 60's
Expert:  Clare replied 1 year ago.
I assume that they also wish to cash in their mothers half of the Shares?
Customer: replied 1 year ago.
Yes they will
Expert:  Clare replied 1 year ago.
OKYour father was Executor of your Aunts Will - and accordingly you as Executors of your father's Will take over this role.So you need to complete the forms in the role as the person who could obtain Probate of the Will IF it was necessary to do so.You will need to send a Copy of your father's death Certificate and Will to show your entitlement to do this.Once you have established that then you can sell the Shares and distribute the proceeds in accordance with the Wills of your Mother and second Aunt.I hope that this is of assistance - please ask if you need further details
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