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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 15667
Experience:  I have been practising for 30 years.
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Is it illegal for personal items to be left off a probate

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Hi is it illegal for personal items to be left off a probate form even tho the items are roughly worth between £10000-£15000, bank account money has been put on, can these items be sold separate even tho they belonged to the deceased. Thanks

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

items worth £10k-£15k? what are they?

can you give me all the background here please

Customer: replied 6 months ago.
3 motorbikes
Customer: replied 6 months ago.
My brother told me he was going to sell them and put the money alongside his pension at a later date, I thought it was illegal not declaring all the assets through probate.

The short answer to your question is, yes it is. It is tax evasion if any inheritance tax is due on the value of the estate and its potentially fraud if one of the beneficiaries is disadvantaged by this.

Your understanding is absolutely correct.

If your brother is the executor there is nothing to stop him buying the assets but he would need independent valuations or valuations agreed by all of the beneficiaries.

Unless the assets were left to him in the will then unless there is an agreement with the other beneficiaries, they have to be sold although he can buy them but even then, the value still needs to be declared for probate purposes.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.


Customer: replied 6 months ago.
My brother with the bike issue is the deceased, his partner is the executor, myself and my other brother and executer are beneficiaries,he has roughly £90000 in bank, was allowed to cash in insurance as had terminal cancer, I want his assets done fair which doesn’t compensate for my loss. Thanks

The assets are inherited in accordance with the terms of the will or if there is no will, the rules of intestacy.

Nothing will compensate for the loss.

I’m not certain exactly what the problem is that I haven’t covered in my previous reply.

Thank you.

F E Smith and 6 other Law Specialists are ready to help you
Customer: replied 6 months ago.
That’s fine. Thanks.