act 1975.

[adamwest101]

My parents were married for over 25 years, everything was jointly owned and it wasn't above the inheritance tax threshold, my mother died so did my father need probate?

[adamwest101]

Also, what can a solicitor withhold from a Larke v Nugus request? Thanks for all of your replies

[des8]

As everything was jointly owned there would be no need for probate as the rule of survivorship comes into play.

A solicitor does not need to respond to a larke v Nugus letter, especially if it comes from someone other than a solicitor.
It is only a recommendation from the law Society that such requests are answered.
If they are not answered it indicates a lack of co operation and could have costs consequences

[adamwest101]

The solicitors are responding to my request but will not disclose privileged information.

What would be the purpose of an ltd company to say the director was alive when they are not, that has to be illegal? Thanks

[des8]

.

What would be the purpose of an ltd company to say the director was alive when they are not, that has to be illegal? Thanks

Couldn't possibly guess why they would make such a statement.
Basically lying is not illegal in the UK but there are certain individual circumstances when it can be e.g. lying under oath in court is the criminal offence of perjury

[adamwest101]

My father's wife has updated their ltd company address details and states he is still active you are supposed to inform HMRC within 14 days of the death?

[des8]

The law does require Companies House is informed within 14 days.
Use form TM01 & file on line

[adamwest101]

What could happen if you are clearly defrauding HMRC?

[des8]

Fine &/or prison

[adamwest101]

My father sold property and land during the period: 2018/2021 for £2.800000, he purchased a new property for £830000. I asked the beneficiaries for a settlement of £600000, the solicitor told me there was not that amount of liquidity. Can money be hidden in a ltd company, that is why his wife has told HMRC he is still alive? Does anyone know roughly what a life insurance payout would be for a SAS soldier of 33 years of service might be? Thanks again

[des8]

So you think there might be something in the order of £2,000,000 plus unaccounted for.

Money can be hidden anywhere from under the bed, to a hole in the garden to within company accounts.
Have you looked at the company accounts?
You might need to employ a forensic accountant.

[adamwest101]

If I contested the will, a judge would surely want to know where the money has gone?

[des8]

Not necessarily.
If there are undeclared assets it will be for you to demonstrate, and suspicion will not be sufficient

As per post 5 I would advise finding a solicitor who specialises in contentious litigation and arranging an initial fixed cost (or free) consultation to see if you have a viable claim.
If you have the solicitor will also be able to advise you on ways of funding your claim

[adamwest101]

Hi, due to the fact my father was weeks away from death when he last visited the solicitors, he had acute Leukaemia, and I was told it happened very quickly. I watched his funeral on a live stream, my brother and I were told not to go. The priest mentioned the pain my father was in, so why would he go to the solicitors, wouldn't they need some sort of medical evidence stating he was sound of mind?
Can a promise be legally binding if the promise was excepted and witnessed by several people?
Also, when challenging an estate can you bring more than one issue?
I am seeking legal advice, just trying to gain as much information as possible. Thanks

[des8]

A solicitor drawing up a will would not need medical evidence of a person's mental state, although he would make his own assessment and keep a record.
It is the courts who decide if a person has mental capacity or not.

A promise can be legally binding under the doctrine of promissory estoppel i.e a clear and unambiguous promise was made and the promisee. acted on reliance of promise and changed his/her position.

Challenge an estate? not sure what you mean
You can challenge a will on any number of grounds eg invalid execution; lack of capacity, duress; forgery/ fraud etc
You can make a claim against the estate on the grounds set out in the Inheritance (provision for.....) Act 1975