Probate Scotland
Discussion
Out of the blue I’ve just received a terminal cancer diagnosis with a 3 month outlook.
I’m getting my head around it okay but am struggling with family finances.
My wife and I are 70ish and grew up when mostly these things were left to the man so we have bank accounts and investments in my name only,
I’m trying to establish what type of single company to engage with to start the process of Power of Attorney now and then guide my wife through Probate (in Scotland), accessing bank accounts, liaising with pension companies, etc.
There is a will in place so should it be a solicitor or probate specialist or someone else ?
Any help would be gratefully received.
Doug.
I’m getting my head around it okay but am struggling with family finances.
My wife and I are 70ish and grew up when mostly these things were left to the man so we have bank accounts and investments in my name only,
I’m trying to establish what type of single company to engage with to start the process of Power of Attorney now and then guide my wife through Probate (in Scotland), accessing bank accounts, liaising with pension companies, etc.
There is a will in place so should it be a solicitor or probate specialist or someone else ?
Any help would be gratefully received.
Doug.
Firstly, jeez. So sorry to hear that. My heart goes out to you both. Hope you get to make the most of that time and not just spend it planning (I speak to experience with a family member).
I'm no specialist, but a (different) family member was Scottish and they did have something similar to a one-stop-shop, I'll check, but I'm pretty sure it was a family lawyer. First thing is, an I'm going totally form memory here, there is no 'Probate' in Scotland, it's a Grant of Confirmation. But the laws seem to be a little more straight forward.
LPA is definitely worth jumping on if not already in place, it can take several weeks to be registered. Make sure you do it for both Finance & Property and Health and Welfare. We have learned the hard way that it is the latter that is more important.
You will also have ample time to either get accounts etc either swapped to your wife's name, or have her added as joint account holder. That save a HUGE amount of hassle.
I'd suggest speaking to a local Family Lawyer to gain initial advice on everything.
Good luck!
I'm no specialist, but a (different) family member was Scottish and they did have something similar to a one-stop-shop, I'll check, but I'm pretty sure it was a family lawyer. First thing is, an I'm going totally form memory here, there is no 'Probate' in Scotland, it's a Grant of Confirmation. But the laws seem to be a little more straight forward.
LPA is definitely worth jumping on if not already in place, it can take several weeks to be registered. Make sure you do it for both Finance & Property and Health and Welfare. We have learned the hard way that it is the latter that is more important.
You will also have ample time to either get accounts etc either swapped to your wife's name, or have her added as joint account holder. That save a HUGE amount of hassle.
I'd suggest speaking to a local Family Lawyer to gain initial advice on everything.
Good luck!
Runnyg said:
Out of the blue I ve just received a terminal cancer diagnosis with a 3 month outlook.
I m getting my head around it okay but am struggling with family finances.
My wife and I are 70ish and grew up when mostly these things were left to the man so we have bank accounts and investments in my name only,
I m trying to establish what type of single company to engage with to start the process of Power of Attorney now and then guide my wife through Probate (in Scotland), accessing bank accounts, liaising with pension companies, etc.
There is a will in place so should it be a solicitor or probate specialist or someone else ?
Any help would be gratefully received.
Doug.
I’m so sorry to read that and best wishes from a total stranger to both of you. I m getting my head around it okay but am struggling with family finances.
My wife and I are 70ish and grew up when mostly these things were left to the man so we have bank accounts and investments in my name only,
I m trying to establish what type of single company to engage with to start the process of Power of Attorney now and then guide my wife through Probate (in Scotland), accessing bank accounts, liaising with pension companies, etc.
There is a will in place so should it be a solicitor or probate specialist or someone else ?
Any help would be gratefully received.
Doug.
Fully appreciating that the rules in Scotland differ to England would just offer some knee jerk thoughts based on what I have done as both Executor and LPA holder for a number of people but all in England.
Given the LPA dies with you though I would be appointing a solicitor to deal with that now as it can take some time to get registered although I believe there is a way of jumping the queue due to circumstances.
It may even be worth a quick call to the OPG Scotland.
From the made will I assume you have named Executors but is that just your wife ?
Probate / confirmation is in some respects “ easier “ to work through but the solicitor who sets up your LPA would be a good start.
Doug
Sorry to hear about the unfortunate news.
Getting your affairs in order for your partner is important and one that you should be focusing on.
I had the assistance from a financial advisor to help tidy some stuff. Maybe a good person to talk to as they will know what to do / whom to inform / what to have taken stock of.
Wishing you all the best.
Sorry to hear about the unfortunate news.
Getting your affairs in order for your partner is important and one that you should be focusing on.
I had the assistance from a financial advisor to help tidy some stuff. Maybe a good person to talk to as they will know what to do / whom to inform / what to have taken stock of.
Wishing you all the best.
Sincerely sorry for your devastating news
I can't help specifically, other than suggest that this thread might be best if a mod can move it to the Finance section where it might draw more replies with help?
In England, individual banks have probate thresholds whereby if the total amount is less that the threshold your wife could access the money straight away without needing probate. Would give her access to some money sooner rather than later, in a simple fashion. Santander I think have a £50k threshold, Virgin I think was £30k when we had to do this last year. If this is the same in Scotland you could maybe move some money in/out of accounts to get the amounts under the banks thresholds
I can't help specifically, other than suggest that this thread might be best if a mod can move it to the Finance section where it might draw more replies with help?
In England, individual banks have probate thresholds whereby if the total amount is less that the threshold your wife could access the money straight away without needing probate. Would give her access to some money sooner rather than later, in a simple fashion. Santander I think have a £50k threshold, Virgin I think was £30k when we had to do this last year. If this is the same in Scotland you could maybe move some money in/out of accounts to get the amounts under the banks thresholds
Edited by The Gauge on Saturday 19th September 21:31
Thanks for the sympathy guys, it’s appreciated but not sought.
Work has begun on the simple things I can do myself, like opening up accounts to joint status, transferring any investment funds where possible, cancelling my direct debits which won’t be continued, discussions with pension companies, etc.
I am extremely grateful for your assistance.
Doug
Work has begun on the simple things I can do myself, like opening up accounts to joint status, transferring any investment funds where possible, cancelling my direct debits which won’t be continued, discussions with pension companies, etc.
I am extremely grateful for your assistance.
Doug
Doug, just on the will q , if only your wife is named as Executor that is obviously fine. My point was more about if Solicitors are ( whether in isolation or instead ) their charges can be somewhat expensive.
When the sad day comes there is nothing to stop your wife getting support from a solicitor on a menu basis even if she is happy doing most of the lifting.
The only other bit of advice I would offer at this point is just to have a basic list of whatever you have asset wise either singly / but hopefully jointly ie account name and provider etc with perhaps a rough quantum mentioned.
Anything password protected would be sensible to also have a note of this for your wife.
When the sad day comes there is nothing to stop your wife getting support from a solicitor on a menu basis even if she is happy doing most of the lifting.
The only other bit of advice I would offer at this point is just to have a basic list of whatever you have asset wise either singly / but hopefully jointly ie account name and provider etc with perhaps a rough quantum mentioned.
Anything password protected would be sensible to also have a note of this for your wife.
You seem a lovely person not wanting you wife to go through the stress of the probate, while you have this diagnosis.
Your wife should be the power of attorney and also be made welfare power of attorney in case that is needed.
You should involve a solicitor of course to draw up the
Paperwork and make sure everything goes as smoothly as possible.
I wish you all the best.
Your wife should be the power of attorney and also be made welfare power of attorney in case that is needed.
You should involve a solicitor of course to draw up the
Paperwork and make sure everything goes as smoothly as possible.
I wish you all the best.
alscar said:
Doug, just on the will q , if only your wife is named as Executor that is obviously fine. My point was more about if Solicitors are ( whether in isolation or instead ) their charges can be somewhat expensive.
When the sad day comes there is nothing to stop your wife getting support from a solicitor on a menu basis even if she is happy doing most of the lifting.
The only other bit of advice I would offer at this point is just to have a basic list of whatever you have asset wise either singly / but hopefully jointly ie account name and provider etc with perhaps a rough quantum mentioned.
Anything password protected would be sensible to also have a note of this for your wife.
Yes I agree, a list detailing every account, investment, pension, email accounts etc, and a list of passwords to help your wife find things. When the sad day comes there is nothing to stop your wife getting support from a solicitor on a menu basis even if she is happy doing most of the lifting.
The only other bit of advice I would offer at this point is just to have a basic list of whatever you have asset wise either singly / but hopefully jointly ie account name and provider etc with perhaps a rough quantum mentioned.
Anything password protected would be sensible to also have a note of this for your wife.
It was useful for me to have access to my mums email account and phone (and to be able to unlock it) to find things i needed when organising her affairs.
Your wife may benefit from the Tell Us Once service if it exists in Scotland, which is really useful
Edited by The Gauge on Sunday 20th September 17:41
Thanks guys, all very helpful.
The bit I’m toiling with is , with a will in place which passes everything to my wife and with things like bank accounts, cars , investments , etc all shared or transferred into her name why would I need Confirmation ?
I’ll contact a solicitor anyway about PoA and take it from there.
Cheers,
Doug.
The bit I’m toiling with is , with a will in place which passes everything to my wife and with things like bank accounts, cars , investments , etc all shared or transferred into her name why would I need Confirmation ?
I’ll contact a solicitor anyway about PoA and take it from there.
Cheers,
Doug.
Runnyg said:
Thanks guys, all very helpful.
The bit I m toiling with is , with a will in place which passes everything to my wife and with things like bank accounts, cars , investments , etc all shared or transferred into her name why would I need Confirmation ?
I ll contact a solicitor anyway about PoA and take it from there.
Cheers,
Doug.
From experience, and based on English law, the issue is that accounts etc get frozen until probate etc has been concluded and you have to apply for access to funds if required. If it's a joint account, it doesn't get frozen and you have free access.The bit I m toiling with is , with a will in place which passes everything to my wife and with things like bank accounts, cars , investments , etc all shared or transferred into her name why would I need Confirmation ?
I ll contact a solicitor anyway about PoA and take it from there.
Cheers,
Doug.
Sorry about your news. Little to add other than the obvious having good records ready. When my dad died he had a drawer in his desk with all his accounts, insurances and pensions etc.
I organised it into a list this and notified all the organisations before handing all the paperwork to our family solicitor. I have to say every organisation I contacted was helpful. Even sorting out and closing his USA pension was simple.
Top tip - when registering the death it is best to get quite a few copies. It saves any delays if copies need to be posted away to different places and at around £10 each it is a trivial cost, Better too many than a delay.
Our solicitor remarked it was a far change from the times they started an estate with a black bin bag of paperwork to dig through.
After an initial face to face it was mostly done by e-mail and all wound up and paid out in around 7 months including the sale of the house. The house sale was by far the most time consuming part.
As mentioned above the Tell Us Once service is very useful.
https://www.mygov.scot/tell-us-once
In my opinion a good family solicitor is the best placed to deal with the whole thing.
I organised it into a list this and notified all the organisations before handing all the paperwork to our family solicitor. I have to say every organisation I contacted was helpful. Even sorting out and closing his USA pension was simple.
Top tip - when registering the death it is best to get quite a few copies. It saves any delays if copies need to be posted away to different places and at around £10 each it is a trivial cost, Better too many than a delay.
Our solicitor remarked it was a far change from the times they started an estate with a black bin bag of paperwork to dig through.
After an initial face to face it was mostly done by e-mail and all wound up and paid out in around 7 months including the sale of the house. The house sale was by far the most time consuming part.
As mentioned above the Tell Us Once service is very useful.
https://www.mygov.scot/tell-us-once
In my opinion a good family solicitor is the best placed to deal with the whole thing.
The Gauge said:
Ensure the original will is accessible as copies aren't accepted by probate etc. I've even read that removing any staples can make them void?
Indeed - have just received back our final latest copies for signing and there is a sheet of warnings included such as not making any errors in the signing (!) , ensuring the witnesses also don’t , don’t add any ink changes to the will itself , and definitely don’t try and remove staples. Gassing Station | Health Matters | Top of Page | What's New | My Stuff