Probate deadlock

[judgemental]

My husband died a few weeks ago. He has a Will in the UK that leaves everything to me. His employers here in Au will not release his money owed without probate. Everything else is in joint names. All UK stuff, and there's a lot, is in his name.

 

Here's the rub:

 

Australian probate requires the original Will for a grant of probate, then keeps the original document issuing copy.

 

UK probate also requires the original Will, keeps it and copies can be found online.

 

I can't do both, clearly.

 

Any ideas?

[rammygirl]

Ask the UK and Aus solicitors to actually communicate. There should be a way around.

[NickyNook]

You won't be the first person to find themselves in this situation.

 

There will be a solution and your solicitor is the person to work it out.

[ramot]

My husband died a few weeks ago. He has a Will in the UK that leaves everything to me. His employers here in Au will not release his money owed without probate. Everything else is in joint names. All UK stuff, and there's a lot, is in his name.

 

Here's the rub:

 

Australian probate requires the original Will for a grant of probate, then keeps the original document issuing copy.

 

UK probate also requires the original Will, keeps it and copies can be found online.

 

I can't do both, clearly.

 

Any ideas?

 

I'm sorry to hear the sad news of your husband's death.

 

Can't help with your question but will be interested to hear the result, like you we have assets in both countries, but we have a UK will and an Auustralian will, so hope that will help to resolve things.

 

Take care and hope you sort things out.

[Keith and Linda]

I'm sorry to hear the sad news of your husband's death.

 

Can't help with your question but will be interested to hear the result, like you we have assets in both countries, but we have a UK will and an Auustralian will, so hope that will help to resolve things.

 

Take care and hope you sort things out.

 

That is the answer ramot, a will in each country. We had some kiwi rellies go through similar, cost thousands in solicitors and legal fees to sort out, but were told it would all have been easier with a will in each country which only covered the assets in each country.

 

To the OP sorry for your loss and hope all works out well and quickly, but your situation should act as a wake-up call to a few folks on this forum.

[judgemental]

That is the answer ramot, a will in each country. We had some kiwi rellies go through similar, cost thousands in solicitors and legal fees to sort out, but were told it would all have been easier with a will in each country which only covered the assets in each country.

 

To the OP sorry for your loss and hope all works out well and quickly, but your situation should act as a wake-up call to a few folks on this forum.

 

I hope to avoid solicitors. I have someone to act for me in the UK and I'm capable of filling in forms which are all online anyway. It's odd that if you google this problem, you just get referred to solicitors instead of answering the question. I suspect this will involve the re-sealing of whichever probate grant is applied for first, as UK and Au recognise each other in this respect.

[Keith and Linda]

I hope to avoid solicitors. I have someone to act for me in the UK and I'm capable of filling in forms which are all online anyway. It's odd that if you google this problem, you just get referred to solicitors instead of answering the question. I suspect this will involve the re-sealing of whichever probate grant is applied for first, as UK and Au recognise each other in this respect.

 

OK, I wish you well, but can't help feeling that you may have chosen a more difficult/stressful/drawn-out path. Though solicitors costs and fees may well erode a lot of the funds to not make them a viable option anyway.

Again, good luck.

[Alan Collett]

Yes, separate Wills in the UK and Australia would have overcome this issue.

 

I anticipate a need to re-seal the UK Will, as you say. Discuss with a probate lawyer local to you.

 

Do you have UK executors? Feel able to send a PM or email to me if you need assistance with the IHT and/or probate forms.

 

Best regards.

[Alan Collett]

PS. Did you know that you don't have to use a solicitor to assist with probate in the UK these days where the estate is non contentious ...

http://www.icaew.com/en/groups-and-networks/local-groups-and-societies/london-ds/london-accountant/news/sep14-probate

[Suzukiscottie]

So sorry to hear of your husbands death. :sad:

 

For others who are following this, a will in each country is advised. I just created my Aussie will yesterday; used my local solicitor ($200, i got the originals and several certified copies, and we did medical power of attorney at the same time in prep for my future healthcare). I will sign my UK will next week when I visit home.

 

Luckily for us, everything is in joint names, so it is a fairly straightforward matter of everything falling to the surviving partner. It can get tricky if you have assets in one name only.

[ramot]

So sorry to hear of your husbands death. :sad:

 

For others who are following this, a will in each country is advised. I just created my Aussie will yesterday; used my local solicitor ($200, i got the originals and several certified copies, and we did medical power of attorney at the same time in prep for my future healthcare). I will sign my UK will next week when I visit home.

 

Luckily for us, everything is in joint names, so it is a fairly straightforward matter of everything falling to the surviving partner. It can get tricky if you have assets in one name only.

 

 

We we did the same as you and have also given copies of everything to each of our children plus a disc with information of everything we can think of. Hope they don't need it for a while, just a sensible precaution.

[judgemental]

Well, it is relatively simple. My husband's Will, which is straightforward, naming me as executor and sole beneficiary will be used to get probate in Au. The application system is very clear, and well-explained online. I'll apply for a re-seal from the UK. UK Probate are really helpful and you get to speak to real people.

 

I've followed up every savings account,etc. and the only thing you need UK probate for is property and shares. Everything else is certified death certificates.

 

All of this only works because we keep all the paperwork and so have a point of departure for enquiries. Oh, and reasonable reading skills; while no document on its own is opaque, the volume is quite something.

 

As for solicitors, they were only need to sign documents for the UK, as banks insist on a solicitor and certain wording.