UKC

Sorry for another death question but I'm not being very successful with google and I'm rushing about like a madman. I'm interested to know about whether it's worth hiring a money grabbing paper pusher (solicitor) to deal with things and also what items to include in an itinerary.

I'm the sole executor of my Gran's will and I was wondering if anyone had any advice, she had no property , no debts and a very small amount of savings in the bank. She has a will written by our local solicitor and I'm the sole beneficiary but will split whatever is left with my Brother and Sister.

Is there any point in hiring a solicitor? I'm a little clue less on what to do but the will is clear cut and presumably it's just a case of pushing paper about for a few weeks. I've read in some places that you need to make an inventory and then contact the sherrif court for a confirmation (I'm in Scotland) but in other places read this isn't necessary for a small estate.

Would also be interested to know what to include in an inventory, presumably things like clothing and less valuable belongings aren't necessary.

I have at least some form of paperwork for most of her bills and stuff, unfortunately the first time she came out of hospital she decided she didn't need the nicely organised file I'd previously kept all her paperwork in at her house without a second thought. When I asked where it had gone she rather flippantly said she'd chucked it, "don't need any of that rubbish"! But with bills and such like coming through in the last few weeks I think I've got a list of what needs to be dealt with.

In reply to Sharp:

If you are the sole beneficiary for a flat full of trunclements and a bit of money but you are going to share and share alike with your siblings, getting a money-grabbing-solicitor seems a bit over kill. Why not just ask your siblings if there is anything specific they want? I believe you can get hold of monies by taking the will and death certificate to the bank.

In reply to Sharp:

No you don't, my brother in law is sorting my dads estate out which is similar to your situation, but also has a very small house. Having said that, he has occasionally asked advice from mrs T (who IS an evil money grabbing paper pusher, but who (a) doesn't do probate, and (b) has a very nice smile for an EMGPP).

In reply to Sharp:

I'm no expert but the answer is no you don't. You can do it all yourself. However, most solicitors will offer varying levels of service depending on how much you wish to do yourself.

That probably offers the best compromise of some expert guidance when required to make sure you don't miss something or do something totally wrong, but with you doing most of the donkey work.

Inventory is in theory 'everything'. But the value put on personal effects is miniscule and largely irrelevant if you are sole beneficiary, amounts are comfortable below level where tax would be due and nobody else is braying for precisely 25% (or whatever) of eth value of estate and liable to claim you undervalued to rip them off......

Be aware that as executor you are responsible for getting it right and paying off all debts etc and can be chased for them if you fail to do so, so make sure you don't miss anything and have some company (or relative with a claim) come suing you in future.

In reply to Sharp:

You have mail.

In reply to Sharp:

You can do it yourself. I did it for both my parents, but as has been said you have a legal responsibility to get it right.

Otherwise you can hire a solicitor just to apply for the Grant of Probate so that the paperwork is done correctly and do all the doinkey work yourself.

Some useful guidance here

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

Good luck!

In reply to Sharp:

No, you don't need a solicitor for a small (or even a reasonably large), estate, it is an almost entirely bureaucratic process, which you can plod through yourself, especially if as you say there is no prospect of a family dispute and you are going to do the decent thing by your siblings. What it will take however is time, both elapsed time and working time. Otherwise you will pay an awful lot for a junior articled clerk to be charged at full solicitors rates, to do a routine paper process.

All of what you need to know can either be found online or in straightforward books, it is a lumbering process but you just need to do point C after point B after point A. I take it from your description of "small" it is not liable for IHT, which both costs what seems like a disproportionate amount and complicates matters, as you need the funds to pay the IHT but cannot get the funds until the IHT is paid.

Not sure how Scotland differs from England, but I doubt if it is fundamentally different. Even if you do get a solicitor, STILL find out as much as you possibly can yourself and do everything you can for yourself, only use them for what you are pretty sure you cannot manage on your own.

In reply to Sharp:

Sorry to hear of your loss.

I was able to adminster my late Mum's estate - even though her will was declared invalid , and I had to go through Probate - which slowed things up like getting access to funds from bank accounts and insurance policies. The total value of her estate (including proceeds from the sale of her house) fell well below the level of death duties, so was relatively simple to wind up -- although the house did take 12 months to sell.

Mum's will - though not strictly legal ( it had not been correctly witnessed) so she was deemed to have dies 'intestate'.

Mum had made specific bequests to ther family members in the invalid will, and my sister and I as main beneficiaries and were in full agreement that mums wishes were honoured in due course.

Once probate had been granted, everything fell in to place.

As your gran had obviously left a legal will, you will be able to get the necessary documents allowing you to wind up matters very simply - without tne need to involve a solicitor - though you will have to expect to spend a fair bit of time in correspondence and on the phone.

The Probate service has some very helpful information on its website.

In reply to Sharp:

My Father died just over a year ago and I sorted out his estate, there was some inheritance tax to pay so I had to have my facts and figures spot on. A solicitor would have charged £11,000.