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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My friend's father recently passed. Does he need a lawyer to

Resolved Question:

My friend's father recently passed. Does he need a lawyer to become the executor of the state and take over the state and can he do it by filing a form to the court

Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Was there a Will - if so who was named as Executor

Customer: replied 10 months ago.

Hello Clare

1- There was no will. So the only beneficiary is his son who will be naturally the executor. So we are hoping he doesn't need to go through lawyers which are very expensive and can deal with it himself. Also may i know

2- how much is the tax-free inheritance tax?

3- if the inherited person is not a UK citizen, does he still pays inheritance tax?

4- if a deceased had a joint account, does the other party in the joint account has to go through the probate? can they be made to provide statements if they don't want to? although she/he will be the sole beneficiary of the account as the joint account holder.

Thank you

Expert:  Clare replied 10 months ago.

Just to check - no spouse and no other children?

How much is the Estate worth

Customer: replied 10 months ago.

one son who is the only beneficiary to the state. no spouse or any other children. The joint account was with a friend. He has got flat worth around 450000.00 about £200,000.00 owed to mortgage. about £100,000.00 in the joint account. The joint account holder claims and I believe she is right that the money belongs to her.

Expert:  Clare replied 10 months ago.

Was she his partner?

Customer: replied 10 months ago.

who are you talking about? the joint account holder? As i said in my previous message she is a friend and she is alive. could you please answer my questions please.

Customer: replied 10 months ago.

who are you talking about? the joint account holder? As i said in my previous message she is a friend and she is alive. could you please answer my questions. and please ask all your questions all at once as I have posted my question on 28th of August but have yet to get some answers.

Thank you

Expert:  Clare replied 10 months ago.

I asked about the joint account holder as the nature of the relationship and where the money in the account came from does impact on who is entitled to retain the money in the account.

However that aside there is no reason why the Son should not deal with the Probate in person.

He will need to ocntact the local Probate Office who will send him the Probate Pack and make an appointment for him to attend the Registry

I hope that this is of assistance - please ask if you need further details

Customer: replied 10 months ago.

Could you please respond to my other questions by the numbers i have indicated them above at the beginning of this thread.

Also we have been told that normally in joint accounts, after one party has passed away the other account holder in the joint account will have the money regardless of where ehe money came from. So is that wrong information?

Thank you

Expert:  Clare replied 10 months ago.

1. The son is the person who needs to apply for Letters of Administration - he can do it himself if he wishes

2. £325,000

3. Yes

4. The money held in the account has to be detailed as part of the Inheritance Tax forms and the bank can be asked to provide details of the monies in the account at the date of death.

It is usual for the monies to pass directly to the other account holder - but if all the money came from the deceased and was simply being held in the joint account with no intention that it should go to the joint account holder permanently then this can be challenged.

Customer: replied 10 months ago.

Thank you

So where does the son applies for letters of adminstration?

And is going through probate mandatory or letter of administration is sufficient if the son does not want to challenge the joint account holder for money?

Expert:  Clare replied 10 months ago.

He will need to contact the local Probate Office who will send him the Probate Pack and make an appointment for him to attend the Registry.

He has t obtain Letters of Administration to deal with the property

Clare and 4 other Law Specialists are ready to help you

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