Re: Probate Delay

Judith

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Apr 23, 2014, 7:14:54 PM4/23/14

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"Judith" wrote in message
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I posted last year about this problem.

It is now nearly two years since a death: a brother and sister (children of
deceased) have still yet to apply for probate. Estate worth in excess of
£600,000: the sister spending some of the money on a regular basis and
dragging
her feet re probate.

Without going through the details again about whose fault it is: What
exactly
will happen if they don't apply for probate? I don't think this specific
question was answered last time.

Judith

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Apr 23, 2014, 7:15:55 PM4/23/14

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"Judith" wrote in message
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On Sat, 19 Apr 2014 22:04:12 +0100, Peter Crosland <g6...@yahoo.co.uk>
wrote:

>On 19/04/2014 21:35, Judith wrote:
>> I posted last year about this problem.
>>
>> It is now nearly two years since a death: a brother and sister (children
>> of
>> deceased) have still yet to apply for probate. Estate worth in excess of
>> £600,000: the sister spending some of the money on a regular basis and
>> dragging
>> her feet re probate.
>>
>> Without going through the details again about whose fault it is: What
>> exactly
>> will happen if they don't apply for probate? I don't think this specific
>> question was answered last time.
>

>If someone was to tip off HMR&C then they would doubtless be very
>interested and are likely to descend on the recalcitrant executors like
>a ton of bricks.

Do you know what HMRC would actually *do*?

Mel Rowing

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Apr 23, 2014, 6:17:00 PM4/23/14

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There may well be nothing for them to do!

The first action must be to check with the Probate Registry to see
whether there has been a grant of probate. his enquiry will cost a
princely £6.

Rest assured that nobody will be able to access any bank account, sell
any property draw any insurance benefit etc. without any such document
(except funds to pay for the funeral on the production of a death
certificate) Even then some banks will insist upon dealing with the
undertaker etc. directly.

Part of procedure involved in the application for an grant is a tax
declaration regarding the estate. If inheritance tax is due then H.M.R &
C have first call on the estate and will want to come to an arrangement
as to how and when it will be paid. The executor is legally responsible
for this sum. They will be prepared to wait (for example until a house
is sold) but the estate should not be distributed until this liability
has been fully discharged.

AS I say HMRC and customs will be prepared to wait but not for ever and
property (the sale of which is the usual cause of delay in administering
a will) cannot be done anonymously or secretly since the transaction is
recorded by the Land Registry.

If H.M. R & C find that an executor is in a position to pay the IT due,
They will chase it all right and with vigour.

So pay up Mr Smith!

Judith

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Apr 23, 2014, 6:49:18 PM4/23/14

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On Wed, 23 Apr 2014 23:17:00 +0100, Mel Rowing <mel.r...@btinternet.com>
wrote:

That is clearly not true: the daughter could have been added to the mother's
bank account as an alternative signatory - and the bank need not have been
informed of the mother's death

Mel Rowing

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Apr 24, 2014, 4:05:59 AM4/24/14

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In which case the daughter would be guilty of embezzlement from her
mother's estate. IAC it is unlikely that £600k would be invested in a
single account and not spread over many assets (including the house the
deceased lived in) £600k is a significant sum and would certainly be
liable to IT. Property cannot be sold without the transaction being
registered with the LR.

Judith

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Apr 24, 2014, 5:18:20 PM4/24/14

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On Thu, 24 Apr 2014 09:05:59 +0100, Mel Rowing <mel.r...@btinternet.com>
wrote:

<snip>

>>> Rest assured that nobody will be able to access any bank account,
>>
>> That is clearly not true: the daughter could have been added to the mother's
>> bank account as an alternative signatory - and the bank need not have been
>> informed of the mother's death
>
>In which case the daughter would be guilty of embezzlement from her
>mother's estate.

Which of course was not what you said at all.

Judith

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Apr 25, 2014, 7:59:39 AM4/25/14

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"Judith" wrote in message
news:ob57l9lhdbd0t25om...@4ax.com...

On Sun, 20 Apr 2014 06:57:00 +0100, Peter Crosland <g6...@yahoo.co.uk>
wrote:

<snip>

>Nevertheless they can't get their money without probate being applied
>for. Telling them should make the executors face up to their
>responsibilities.

If one of the executors is using money from the estate: are they actually
breaking any law?