• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Probate needed?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Probate needed?

    Hi,
    Is Probate needed?
    Will in place with executors, the 4 children of the deceased.
    No property or assets involved, just a bank account which had one of the siblings on as POA.
    Obviously at death POA ceases, but as a sibling is also on that bank account can the Will just be read and everything divided out from it without the need for Probate?

    Thanks
    Tags: None

  • #2
    If the sole asset of value is cash in that bank account and the executors are also the sole beneficiaries probably probate not needed. It will depend on the attitude of the bank.

    How much approx £££ in the account?

    BYW "reading the will" is something that happens in films and books. It is not a procedural requirent in English law.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Originally posted by PallasAthena View Post
      If the sole asset of value is cash in that bank account and the executors are also the sole beneficiaries probably probate not needed. It will depend on the attitude of the bank.

      How much approx £££ in the account?

      BYW "reading the will" is something that happens in films and books. It is not a procedural requirent in English law.
      Thank you.

      There is around £90k in the bank account

      Comment


      • #4
        For that amount the bank might insist on probate. It's at their discretion.
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

        Comment


        • #5
          If the bank refuses to release the money without probate, the chances are that when they see that there are 4 executors in the will, they will only release the money to an executors account.

          Do all 4 siblings want to take up the executor role?

          Those that don't can renounce (resign) or reserve power provided they haven't intermeddled


          Comment


          • #6
            The 4 siblings are all named executors

            Comment


            • #7
              Yes but they can still renounce or reserve their role

              Comment

              View our Terms and Conditions

              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
              Working...
              X