(What should have been) A simple Probate query

A question about : (What should have been) A simple Probate query

Hi everyone

I used the Gov.uk telephone helpline and was advised that probate was not required in relation to the death of my father. The position as given to the helpline advisor was as follows:-

1. I was originally the Power of Attorney and am now the executor of the will.
2. All of my father's bank accounts ( Ј30k. ) where administered through my accounts as a result of his alzheimers.
3. My father was in a care home for many years and has no shares, land, property or other assets.

Unfortunately I carried on researching the probate issue online and am now confused as some sites appear to say that probate is required for estates in excess of Ј5k (whilst others say Ј15k !).

Any confirmation about whether probate is required or not would be much appreciated and I will go back to the helpline for the final and definitive decision.

P.S. I know I should have taken the original helpline advice and kept well away from the internet !!!

Thanks in advance for any advice that you may be able to offer.

Billy

Best answers:

• Your role as Attorney ceased immediately on your father's death. What do you mean by his accounts being administered through yours? Normally you would sign cheques or authorities on his behalf but the accounts would be in his name.
  Assuming they are still in his name then you will probably need Probate for Ј30k but will need to ask the relevant bank(s) their limits for releasing funds.
• Thanks for the speedy response Crabapple
  I realise it is unusual but when my father was first diagnosed with alzheimers I was asked by the Local Auth Social Services Dept to run his affairs through my bank account and this was accepted by the DWP re his pension etc.
  He had a small residual amount in his own name but his bank agreed to move this to my account on production of the death certificate / part of the will showing myself as executor.
• You have to make sure all the debts are paid and then distribute any surplus according to the intestacy laws. The purpose of probate is to try and ensure that someone is responsible for dealing with the estate in a lawful manner.
• Another query if I may regarding Inheritance Tax. I thought I would have to fill in form iht205 even though the estate is nowhere near the Inheritance Tax limit but at the beginning of the guidance notes for this form it states:-
  ne"> You may hear both types of grant referred to as
  'probate'. If you do not need to get a grant of
  representation then a form IHT205 does not need
  to be completed.
  If this is the case what form needs to be completed to tell them that no Inheritance Tax is due?
• As POA what dealing with hmrc did you have, you may still need to tidy up the income tax for this year.
  Very unlikely hmrc will want a capital return.
  You should also clear up any debt and check with dwp they are happy. Having POA you are probably well on top of those finances.
• From Original Poster:
  Thanks to everyone for all your help. I think I am o.k. now and can see the way forward.
  (Having said that there is always something lurking in the future to trip you up !)
  Thanks once again