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Legal heads on, chaps: Executing a will ??

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Legal heads on, chaps: Executing a will ??

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Old Aug 17th 2011 | 5:10 am
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Default Legal heads on, chaps: Executing a will ??

Sorry to seek free advice so blatantly, but the executors (both relations) of my mother's will seem to be looking for a somewhat detailed list of chattels when in fact most are pretty low value and will end up in charity shops, and a very few are quite nice but not exactly going to set the Antiques Roadshow on fire. Total value of estate including house unlikely above £140k. HMRC isn't actually going to be seeking professional valuations on individual chairs/the one nice ring/etc????? Are they? I'm just nonplussed by an email I received and contemplating my reply!!!!
 
Old Aug 17th 2011 | 5:22 am
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Default Re: Legal heads on, chaps: Executing a will ??

Originally Posted by fionamw
Sorry to seek free advice so blatantly, but the executors (both relations) of my mother's will seem to be looking for a somewhat detailed list of chattels when in fact most are pretty low value and will end up in charity shops, and a very few are quite nice but not exactly going to set the Antiques Roadshow on fire. Total value of estate including house unlikely above £140k. HMRC isn't actually going to be seeking professional valuations on individual chairs/the one nice ring/etc????? Are they? I'm just nonplussed by an email I received and contemplating my reply!!!!
I'd give them a list of every sheet of toilet paper and let them pick the bones out of that. God forbid anything should miss the list, eh?
 
Old Aug 17th 2011 | 7:52 pm
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Default Re: Legal heads on, chaps: Executing a will ??

It's quite complicated, but inheritance tax doesn't click in under around 300K. However, each beneficiary could be liable for personal tax, and the forms submitted to the Tax authorities don't distinguish between small or large gains.

It doesn't cost much for a solicitor to sort out a simple claim; in my case, living in Spain meant that I paid no English tax at all.
 
Old Aug 17th 2011 | 8:11 pm
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Default Re: Legal heads on, chaps: Executing a will ??

Originally Posted by HBG
It's quite complicated, but inheritance tax doesn't click in under around 300K. However, each beneficiary could be liable for personal tax, and the forms submitted to the Tax authorities don't distinguish between small or large gains.

It doesn't cost much for a solicitor to sort out a simple claim; in my case, living in Spain meant that I paid no English tax at all.

I pretty much get the first para, however does HMRC REALLY want/require/demand from the executors a list of individual items which are unlikely, in total, to amount to £7,000 when there is only one beneficiary specifically of 'remaining chattels' (as opposed to named items or cash) ? What point involving a solicitor to list 'green porcelain flower vase, £15', 'topaz ring c.£450' etc etc (or whatever) ?? ....
Perishing tangled web, as I see it. Way under IHT threshold, all but two specific 'chattels' to me, what's the need for the nitpicky paperwork?
 
Old Aug 17th 2011 | 8:18 pm
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Default Re: Legal heads on, chaps: Executing a will ??

I was an executor of my father's will in the UK, with my brother. We didn't use a solicitor, the process was very simple. I completed the forms for the Probate Office and obtained all the valuations (house, bank and building society accounts, insurance policies, etc) and I certainly didn't have to compile a detailed list such as you are describing. The total value of the estate was below the IHT threshold but over the sum you have quoted. My brother then took care of attending the interview at the Probate Office and winding up the estate. My Dad died in early July and everything including the sale of the house was completed by December - I suppose it's possible that the Probate Office requirements have changed but this was only 3 years ago.
 
Old Aug 17th 2011 | 8:39 pm
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Default Re: Legal heads on, chaps: Executing a will ??

Originally Posted by Lynn R
I was an executor of my father's will in the UK, with my brother. We didn't use a solicitor, the process was very simple. I completed the forms for the Probate Office and obtained all the valuations (house, bank and building society accounts, insurance policies, etc) and I certainly didn't have to compile a detailed list such as you are describing. The total value of the estate was below the IHT threshold but over the sum you have quoted. My brother then took care of attending the interview at the Probate Office and winding up the estate. My Dad died in early July and everything including the sale of the house was completed by December - I suppose it's possible that the Probate Office requirements have changed but this was only 3 years ago.
As I thought, actually. I just think the executors are being a bit jobsworth OR assuming my mother was one of the 'better off' sisters like their mothers ...still have to resolve it, though
 
Old Aug 17th 2011 | 9:25 pm
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Default Re: Legal heads on, chaps: Executing a will ??

Get them to do the list, they are the executors.
After you have visited the property first of course!
 
Old Aug 18th 2011 | 12:43 am
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Default Re: Legal heads on, chaps: Executing a will ??

When my mother died the grasping bastards wanted a similar list, so, we just went thru the house listing all the stuff that would have a resale value, and mentioning that there were 'sundry small items of neglible value'. Again, we quoted the sale value, not the insurance value, and we discounted all items given as gifts more than 7 years previously, like some items of jewelry.

Bear in mind, I suspect that if these include any items of high value, I think you have to declare the gift at the time.
 
Old Aug 20th 2011 | 8:53 am
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Default Re: Legal heads on, chaps: Executing a will ??

Originally Posted by bil
When my mother died the grasping bastards wanted a similar list, so, we just went thru the house listing all the stuff that would have a resale value, and mentioning that there were 'sundry small items of neglible value'. Again, we quoted the sale value, not the insurance value, and we discounted all items given as gifts more than 7 years previously, like some items of jewelry.

Bear in mind, I suspect that if these include any items of high value, I think you have to declare the gift at the time.
oh jeez.............

my brother in oz & I are executors of my dad's will - he sadly died this week

although dad was here with us, everything he had was in the UK

I knew this was going to be a nightmare - if my brother wants a detailed list (as I suspect he might) he can get on a plane & make it himself

there is absolutely nothing in the house worth anything at resale value - maybe the new beds, but my dad already had the house for sale & planned to give it all the house contents to charity - although that isn't in his will - any important bits & pieces like my mum's jewellery he had already shared out between the grandkids

does anyone know if my bro & I can sign the 'executorship' (or whatever you call it) over to a 3rd party?
 
Old Aug 20th 2011 | 9:07 am
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Default Re: Legal heads on, chaps: Executing a will ??

Originally Posted by lynnxa
oh jeez.............

my brother in oz & I are executors of my dad's will - he sadly died this week

although dad was here with us, everything he had was in the UK

I knew this was going to be a nightmare - if my brother wants a detailed list (as I suspect he might) he can get on a plane & make it himself

there is absolutely nothing in the house worth anything at resale value - maybe the new beds, but my dad already had the house for sale & planned to give it all the house contents to charity - although that isn't in his will - any important bits & pieces like my mum's jewellery he had already shared out between the grandkids

does anyone know if my bro & I can sign the 'executorship' (or whatever you call it) over to a 3rd party?
You can't deal with it yourself, get a solicitor.
 
Old Aug 20th 2011 | 9:24 am
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Default Re: Legal heads on, chaps: Executing a will ??

IMHO most times when people agree to be executors they do not fully understand what it entails, and sometimes they are named executors without their knowledge. It may also be a stressful time for them if they were close to the deceased. They may want to appear to the do the job properly and correctly without knowing how exactly. Give them the benefit of the doubt until or if they prove to be absolute jobsworths. Talk to them.
In essence all the executors have to do is carry out the last wishes of the deceased to the best of their ability. That may involve going through the probate process if any property or sizeable assets are involved. This is normally a short interview and is quite painless unless the will is being contested.
In UK you can normally get a free short first interview with a solicitor, I do not know about Spain. If you do not get enough information from one, get another and ask different questions.
 
Old Aug 20th 2011 | 10:21 am
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Default Re: Legal heads on, chaps: Executing a will ??

Originally Posted by stevesainty
IMHO most times when people agree to be executors they do not fully understand what it entails, and sometimes they are named executors without their knowledge. It may also be a stressful time for them if they were close to the deceased. They may want to appear to the do the job properly and correctly without knowing how exactly. Give them the benefit of the doubt until or if they prove to be absolute jobsworths. Talk to them.
In essence all the executors have to do is carry out the last wishes of the deceased to the best of their ability. That may involve going through the probate process if any property or sizeable assets are involved. This is normally a short interview and is quite painless unless the will is being contested.
In UK you can normally get a free short first interview with a solicitor, I do not know about Spain. If you do not get enough information from one, get another and ask different questions.
Good post especially this.

"In essence all the executors have to do is carry out the last wishes of the deceased to the best of their ability."
 
Old Aug 20th 2011 | 11:01 am
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Default Re: Legal heads on, chaps: Executing a will ??

First, Lynn, the only person/people who can decide if you're up to doing it is you and bro. With that in mind, I'd also say don't assume a solicitor is the best/least stressful option. It might be, just don't assume.
Second, even if the will doesn't express what you know is your Dad's last wishes, you can organise a Deed of Variation to allow you(executor(s) to do that even if it is not to the word of the will
Third I'm pretty sure - though there are reams of websites including .gov ones with the info to hand - that yes you can sign over to an administrator if that's your preference.
Equally if there are two of you and only one likely to be able to do the work, that's ok too. (I know this from doing my dad's plus the .gov info as above)
Depending the size of the estate, (and with most people owning houses therefore the estate's above c.15,000) grant of probate is almost certain to be required but that is not necessarily as complex as you might think.
 
Old Aug 20th 2011 | 11:34 am
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Default Re: Legal heads on, chaps: Executing a will ??

Originally Posted by fionamw
Sorry to seek free advice so blatantly, but the executors (both relations) of my mother's will seem to be looking for a somewhat detailed list of chattels when in fact most are pretty low value and will end up in charity shops, and a very few are quite nice but not exactly going to set the Antiques Roadshow on fire. Total value of estate including house unlikely above £140k. HMRC isn't actually going to be seeking professional valuations on individual chairs/the one nice ring/etc????? Are they? I'm just nonplussed by an email I received and contemplating my reply!!!!
If the executors want a list made I think you will find it is their job to make it. Nobody else has any responsability to do anything. Only reason you would want to make a list is if you don't trust them - in which case you would, given the opportunity, do it for your own benefit.

If your mother's chattels are in Spain and the execs are not, then they are asking you to do them a favour (and save some expenses to the estate) in making the list for them.
 
Old Aug 20th 2011 | 5:54 pm
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Default Re: Legal heads on, chaps: Executing a will ??

Originally Posted by Rostra
If the executors want a list made I think you will find it is their job to make it. Nobody else has any responsability to do anything. Only reason you would want to make a list is if you don't trust them - in which case you would, given the opportunity, do it for your own benefit.

If your mother's chattels are in Spain and the execs are not, then they are asking you to do them a favour (and save some expenses to the estate) in making the list for them.
No, I'm in Spain my mother's chattels and the executors are in the UK!
My cuz emailed me that he wanted to do the 'listing' to fulfil the requirements of the forms he needs to fill out for the Grant of Probate (which also means an IHT form even if no IHT is even remotely likely to be due). I downloaded said forms and think that given the likely value of the estate he's being more than a bit jobsworth about it; however he's also emailed he'll come and do it 'with me' when I'm next in the UK and not to worry, 'it's not going to be an issue'.... so I'm biting my tongue ref replying. Thing is I don't want to feel I have to go through (or have him go through) the boxes and boxes of stuff she had stored in the loft mainly for two reasons. Sheer inconvenience, and the chance of him finding half a dozen things HE might decide need professional valuation despite that the whole estate is about as likely to reach the IHT limit as me winning the Euromillions having not bought a ticket........
I suppose that having asked the executors on the day of the funeral/will reading, if it was ok for me to remove some of my inherited items, and done so as a result, I'm also p*d off at the prospect of somehow having to account for them too!
 


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