Do I Need Probate for My Dad's Pending Inheritance?

[Laura8752]

Hello everyone,

I would greatly appreciate some advice. My father was a beneficiary of a will, but he passed away before receiving the inheritance. I am the sole beneficiary of my dad's will. He made a will specifically because there was another individual who would have been entitled to inherit if he hadn't.

My dad didn't leave any assets except for this pending inheritance, so I wasn’t intending to do probate.
The inheritance from is expected to take years to be paid out due to ongoing disputes among the executors - that’s another story.

My question is, will I need to go through the probate process for my dad's estate in order to eventually receive this inheritance when it's ready to be paid?

Thanks in advance

[atticus]

You would probably be wise to obtain probate. Ultimately the question is whether the executors handling the inheritance in question will be willing to pay out to you without your having obtained that legal status.

Is the expected sum large?

[Laura8752]

Thanks for the reply.

I am not sure whether they would or not, they do know that it is now due to me, but whether they will make it easy for me , I’m not certain,
It’s approx. £30k but it’s likely to be a couple of years until I actually know how much.

How do I go about filing probate when my dads current estate is worth zero but there is a potential future value of an unknown amount?

[Laura8752]

atticus Thanks for the reply.

I am not sure whether they would or not, they do know that it is now due to me, but whether they will make it easy for me , I’m not certain,
It’s approx. £30k but it’s likely to be a couple of years until I actually know how much.

How do I go about filing probate when my dads current estate is worth zero but there is a potential future value of an unknown amount?

[Pezza54]

Hi Laura
Who was the named executor in your father's will?
If your father died after 1 Jan 2022 there is no requirement to complete form IHT 205
Form PA1P (Probate application) allows for an estimate of the value of the deceased's estate which should include any sum due but not paid at the time of death.

[Laura8752]

Pezza54 I am the executor of my dads will.
I was just hoping to avoid doing probate at all.

[Laura8752]

Is there any legal reason I would need to do probate if the executors of the other will, of which my dad was a beneficiary are happy to release the funds to me?

[Pezza54]

You should write to the executors and enclose a copy of your father's will. Point out your father died after the deceased and that you are the named executor and sole beneficiary in your father's will.

Say you are willing to provide your bank account details when the executors distribute estate funds to beneficiaries. Ask for a reply to your letter.