What happens if probate hadn't been done for first deceased parent

[wilko73]

Who was named as executor in your father's will?

My mum

[Pezza54]

Would your mum have involved a solicitor, relative or close friend to find out if Probate was required?

[wilko73]

Would your mum have involved a solicitor, relative or close friend to find out if Probate was required?

No she wouldn't have done,all I can do is hope that it wasn't required.I could see this getting expensive if the solicitor has to end up doing more work if they find that it does need to be done. I suppose they will have to get involved getting dad's probate as it will be seen as a duty that needs to be carried out as part of their remit to achieve mum's grant of probate

[Pezza54]

If your father's will states your mum should inherit the whole of his estate and nobody else to inherit, then only gifts in the 7 years before his death that exceed the annual allowance could reduce the transferable £325k NRB
You could ask close relatives and friends if they can recall your father making large gifts in the 1990s

[wilko73]

If your father's will states your mum should inherit the whole of his estate and nobody else to inherit, then only gifts in the 7 years before his death that exceed the annual allowance could reduce the transferable £325k NRB
You could ask close relatives and friends if they can recall your father making large gifts in the 1990s

He wouldn't have gifted anyone any money,he didn't have the means to do that,and I'm the only son with no other relations or friends so the NRB will be fine.As there isn't anything like that to find it will be a great pity if they do decide that probate has to be done for him as the home wasn't in his name and even he would have had little in his account or it would have been a joint account with mum,so it would cost a lot of money for mum's estate to pay for the work to achieve a probate grant for dad's estate if they decide he has to have one

[Pezza54]

Back when your father died banks were much stricter releasing money without probate, even with a copy of the death certificate and will
In 2010, when I was an executor the deceased's bank would only pay the funeral company direct after I provided them with the invoice
I had to obtain probate before the bank would release the deceased's account money
So you are probably right. All savings at the time of his death were likely to be in joint names