Posts tagged “Probate”

The ownership of your home can affect who can inherit it when you die.
In a recent High Court case a widow was awarded £80,000 from her brother-in-law’s inheritance following a dispute over property ownership. Here’s what happened. 
 
Her husband has made a Will leaving his estate in full to her. However, after his death, there was a dispute concerning the family home that she had shared with him. The property was registered to her husband and his brother. It had been owned by their mother until she died in 2009, but it wasn’t clear whether the brothers held the property as joint tenants or as tenants-in-common
Changes to the online probate service, MyHMCTS, for solicitors and other legal professionals came into effect on 19 August 2021. These changes could simplify and streamline the probate process for executors and administrators. 
 
 
A black gavel use in HM Court and Tribunal service hearings
The Ministry of Justice (MoJ) has launched a consultation on its proposals to increase probate fees. 
 
The new single fee of £273 will apply to professional and non-professional applicants, regardless of the size of the estate. The MoJ says the new fee reflects the cost of providing the service and is not intended to make a profit. 
 
Currently the fees to apply for a grant of probate for an estate valued over £5,000 are £155 for professionals and £215 for individuals. Estates worth less than £5,000 don’t pay a fee. 
 
picture of a gavel representing HM Courts & Tribunals Service
The Law Society has urged people to include ‘digital assets’ such as emails, photos, social media accounts, websites and domain names, or cryptocurrencies in their Wills
 
The Law Society commissioned a survey which found that more than nine out of ten people who have a Will have not included their digital assets. 
 
Their research showed that three quarters of the 1,000 people questioned didn’t know what happened to their online presence after they die. 
Books and gavel on a white background
We’re told that waiting times for grants of probate have now been reduced to around five weeks. 
 
HM Courts & Tribunals Service (HMCTS) says that the number of grants issued each week is now higher than the number of applications being received. 
 
If you apply for probate online, an option that was introduced in November last year, you should only have to wait around four weeks. If there aren’t any errors or omissions in the application, it could even be handled in a week. 
 
If you submit the paper forms instead, you should receive your grant within eight weeks. 
 
However, this is just the beginning of the process of administering an estate on behalf of a friend or family member. 
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