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Probate

Should I??

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The client's mother died ( mother also client) and she wants me to apply for probate on behalf of her and the other 3 (sibling) executors. Do I smell trouble ahead and should refuse?? The last time I did probate there was only 1 executor

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RLI
By lionofludesch
09th Sep 2019 10:53

Wouldn't touch it with a bargepole myself.

I've done a few probates in my time but only where I was an executor. Never as a paid engagement.

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Hallerud at Easter
By DJKL
09th Sep 2019 11:03

What are you allowed to do as paid work re probate per your governing body and your current practice licences would be my first concern and my second would be the scope of my PII- does it cover probate work?

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By paul.benny
09th Sep 2019 11:20

Is there anything suggesting trouble about the will (eg unequal shares) or the estate (eg a house where one of the siblings lives)?

What else is worrying your nostrils?

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By bernard michael
09th Sep 2019 14:00

Further information
2 of three sisters are based abroad. All 3 are nominated as executors
The estate consists of 2 rental properties and 1 PPR + stock & shares
My client is talking about continuing to keep the 2 rental properties ( but possibly all 3) and run them through a trust. This I believe will involve a deed of variation to prevent a disposal occurring. This latter is important as they want to pay any IHT over 10 years.

ETC ....... it just smells like trouble. The point about the PI insurance is valid

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By zarar
09th Sep 2019 15:06

No - I wouldn't touch it unless you are qualified to deal with it - too much risk

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Replying to zarar:
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By itp33asso
10th Sep 2019 13:14

Agree!! Accountants are not equipped/ qualified for this degree of legal complexity . Refer them to their solicitor --- presumably given the relative importance of the estate the family has used one in the past ??

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By bernard michael
10th Sep 2019 09:54

Thanks everyone I've turned it down and the client says she understands

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Replying to bernard michael:
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By paul.benny
10th Sep 2019 10:13

Thanks for coming back with the update.

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By David Pattman
10th Sep 2019 09:55

Probate applications are a reserved legal activity under section 12 of the Legal Services Act 2007. They can only be offered to your clients as a paid service (or part of paid services) if you hold an appropriate licence.

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7om
By Tom 7000
10th Sep 2019 14:56

Have you got a licence?

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