Author Topic: Probate Query  (Read 582 times)

Offline mazi

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Re: Probate Query
« Reply #9 on: Sunday 01 August 21 16:00 BST (UK) »
Theoretically if all the assets were jointly owned there is no need to apply for probate,  but it is still necessary to sort out the deceased’s income tax position, and maybe plan for inheritance tax liability so that may be the reason for delay.

Mike

That may have changed as courts have ruled that a joint asset may have a single beneficial owner.

If the estate was large then inheritance tax planning may have made probate necessary.

Mike

Online Jebber

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Re: Probate Query
« Reply #10 on: Sunday 01 August 21 17:14 BST (UK) »
It can  depend on several factors, for example, if the spouse was Executor he may felt there was no need to apply for probate, then something cropped later and that he found he needed probate after all. If a house was involved, it depends on how they owned it, or there may have been a problem with insurance.

If someone else was Executor, there may have been a reason they couldn't act immediately, there are all sorts if reasons for delay.

 When my husband died I was his Executrix and because everything was owned jointly,  Probate wasn't required. Then an Insurance Company refused  to pay out without Probate, it was only a small policy taken out when he joined the Army as a teenager, but it was in his name. The Probate Office thought the Company was being unreasonable because it was a small sum. In other policies taken out later I was the named beneficiary, so they were not affected.

When my mother died, I was the Executrix and sole beneficiary, I had no trouble with a different Insurance Company who paid out without a quibble.
CHOULES All ,  COKER Harwich Essex & Rochester Kent 
COLE Gt. Oakley, & Lt. Oakley, Essex.
DUNCAN Kent
EVERITT Colchester,  Dovercourt & Harwich Essex
GULLIVER/GULLOFER Fifehead Magdalen Dorset
HORSCROFT Kent.
KING Sturminster Newton, Dorset. MONK Odiham Ham.
SCOTT Wrabness, Essex
WILKINS Stour Provost, Dorset.
WICKHAM All in North Essex.
WICKHAM Medway Towns, Kent from 1880
WICKHAM, Ipswich, Suffolk.

Offline Ellenmai

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Re: Probate Query
« Reply #11 on: Sunday 01 August 21 17:31 BST (UK) »
Thank you all very much for your replies, it's not as straightforward as I thought but you have given me some ideas of why it took so long.  :)