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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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my father has just died leaving a self made will.I do not have

Customer Question

my father has just died leaving a self made will.I do not have sight of this as my brother is holding this

q Do we have to seek a soliceotrs advice to sort out the will
q Do we need probate
q are you allowed to dispose of any property before the will is verified
Thank you
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

What is the value of the estate?
Customer: replied 3 years ago.

not calculated yet approx £250,000

Expert:  UK-Justice replied 3 years ago.
1. No - you do not need a Solicitor to sort out the will.

As long as you make steps to take Probate then you can do this without a lawyer.

2. Yes - you must have probate given the value of the estate.

Its a straight forward process:

A. Complete a probate application form.
B. Complete an Inheritance Tax form.
C. Send off your application.
D. Swear an oath.

3. No - you can't dispose of anything until Probate has been granted.

This is because until Probate has been granted assets belong to the estate. As such the executor of the will would be responsible for any wrong doing such as disposal of assets until Probate is granted.

For more info on how to apply for Probate please see:

https://www.gov.uk/wills-probate-inheritance/overview

I hope this helps.




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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.


hello this is pertaining to the above


I am still having great difficulty with my three male siblings


 


They will not let me see the will despite numerous requets


 


Tonight they came to my house and verbally threatend to cut me out of the wiil, I felt intimidated by their manner and presence in my home particularly as I was alone


 


Q Is there anything I can do or should be doing about this


i beleive that I am a named executor can they stop me doing this as so far they have excluded me from everything and have emptied my fathers house. He only died 3 weeks ago


 


Thank you for your help

Customer: replied 3 years ago.


I am still having great difficulty with my three male siblings


 


They will not let me see the will despite numerous requets


 


Tonight they came to my house and verbally threatend to cut me out of the wiil, I felt intimidated by their manner and presence in my home particularly as I was alone


 


Q Is there anything I can do or should be doing about this


i beleive that I am a named executor can they stop me doing this as so far they have excluded me from everything and have emptied my fathers house. He only died 3 weeks ago


 


Thank you for your help


Expert:  UK-Justice replied 3 years ago.
They have to show the will in order to get probate.

Once probate is granted it is a public document.

That means you can see it,


I hope that helps.

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