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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7581
Experience:  BA (Hons), PgDip, Practising Solicitor
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If I benefit solely and I am the sole administrator of my husbands

Resolved Question:

If I benefit solely and I am the sole administrator of my husbands will - can I administer without probate ?
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hi.


What assets are passing under the Will? property, savings, insurance policies, premium bonds etc...

 

Tom

Customer: replied 6 years ago.

All the above.

 

Expert:  Thomas replied 6 years ago.

Are the above held in his sole name or joint names?

Tom

Customer: replied 6 years ago.
Mainly joint, 1 savings account in his name
Expert:  Thomas replied 6 years ago.

What is the value of the savings policies in his sole name?


Tom

Customer: replied 6 years ago.

about £8000

 

Expert:  Thomas replied 6 years ago.

Ok.

 

Generally if assets are passing by survivorship (ie. because they are jointly held between you and your husband) then you would not need to apply for probate. You should be able to simply contact the institutions and confirm the death and produce the death certificate to them to have them transferred in to your sole name. It does depend on the individual institutions rules though and you should contact them.

 

In the case of the the savings of the value £8, 000.00 in his sole name you should check with them to see if that amount qualifies for the small estates arrangements they have. As a rule of thumbs assets over £5, 000.00 will not qualify as being a small estate and you would have to apply for a probate in this regard. Call the company where the savings are held to check but I would expect them to require a grant of probate.

 

In any event you will still have to contact HMRC about submitting the appropriate forms even if the estate does not require probate.

 

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Kind regards,


Tom

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