Get UK Law Questions Answered by Verified Experts
did your mother make a will and if so who were the executors? if she did not make a will, then who is intending to apply for probate?
Yes she made a will and all 4 of us are executors - we are signing an oath at the solicitors soon - could you clarify what that is also?
PS We have spoken previously about my mum's affairs
the oath is a document reciting that your mother has died; where she lived; that the 4 of you are executors and the value of the estate. It has to be sworn on the bible or you can affirm if you are a non believer. the oath has to be sworn/affirmed in order to obtain a Grant of Probate.
the solicitor's clients are all 4 executors - the solicitor cannot favour one executor over another. if the executors cannot agree then the solicitor cannot act due to a conflict of interest.
the solicitor will instruct the agents to give a true value of the house. you should also be aware that HMRC have a valuation division. This means that if the house is undervalued or if they think it is undervalued, HMRC will refer the value of the house to their own valuers
please click on the green accept button if you feel i have answered your Q
What happens if I sign the oath and then discover that there is a skeleton in the cupboard and I'm not entitled to something I thought I was? I'm certain this won't be the case and I'm entitled to a 1/4 as I've asked our solicitor plus lots of help on this site too!!
Our solicitor may favour my brother as in addition to being an executor, he was the trustee if the trust mum set up to avoid inheritance tax.
Also the solicitor said something about the trust (which was my dad's half of the house) that if the house was sold the money from the 1/2 of the house would come from the trust fund at the solicitors ie I would still get my 1/4 just the mechanics of it. I thought the trust was being wound up whether the house was sold or otherwise - could you clarify this? - would this affect getting my 1/4 from the house - our solicitor seem to say it was just the mechanics of it if the house was sold and paperwork otherwise - I don't really understand I'm afraid!!!
ifyour parents made wills where they each gave the other a legal right to live in their share of the house, then although the trust ended when your mum died, the funds in the trust are tied up in your dad's half share of the house. This means that the money from the trust cannot be made available until the house is sold.
the signing of the oath does not affect your entitlement to the estate. it merely confirms who the executors are
if your father's will says that his half share of the property ultimately passes to his children, then yes you are correct. if your sister and brother buy the house from the estate, then you will get 1/8 from your dad's share of the house and 1/8th from your mums share of the house so you end up with a 1/4 of the value
Yes my dad's will say's that, that's what our solicitor said.
Finally what am I supposed to do regarding the revaluation of the house; if we use our family solicitor to organise it all (which I think is better) but
our solicitor may favour my brother as in addition to being an executor, he was the trustee of the trust mum set up to avoid inheritance tax.
a low valuation will not work because when the paperwork is submitted to HMRC they will challenge the low valuation. they look very closely at estates where tax is payable
But when we get the houses revalued/valued for the purpose of paying me and my brother off do you advise us to use our family solicitor to arrange it all?
My point is our family solicitor may favour my brother if there is a disagreement when the valuations comes back? The solicitor may favour my brother as he is/was the trustee with the solicitor of the trust mum set up to reduce/avoid inheritance tax.
your solicitor is under a duty to act in the best interests of all the clients - otherwise the solicitor can get in trouble with the law society. it is normal practice to use the same solicitor to deal with it all.
but if you have doubts about using that solicitor, you are free to instruct your own solicitor
yes you can change the distribution of the estate after the oath has been signed. the oath is a document that simply confirms who the executors are in the estate etc
yes you can
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).