probate questions

candyflossgirl

I have a few questions relating to the completion of the probate application, I am trying to complete the process myself as the estate is straightforward. ie no mortgage on the house, one bank account, one post office account, no pension/insurance policy/stocks shares etc.

my questions are as follows:
1/ utility bills owed at the time of death, do I have to get the utility companies to issue a bill stating what was owed on the exact date of death? in all cases the death occurred mid billing period.

2/ we have received the original will from the solicitor and I was surprised to see that it was simply a typed statement on two plain pieces of cartridge ( i.e.photocopier quality) paper in a poly pocket. It's witnessed properly and it's obviously an original document as you can see where it's signed in blue pen, (with the mark of leaning on the pen and not just the writing) but I expected something a bit more official looking- should it not be stamped by the solicitor or have some kind of seal or something joining the two pages?

can anyone shed any light?
Much appreciated

Bicycle

I can't help you with the will.

However some practical stuff regarding the bills:

Cancel all accounts as soon as you can as you are liable for daily/weekly charges in many cases. The sooner the accounts are closed, the lower the bills. The companies are very helpful and usually only ask for a date of death if there has been a notice in the papers. They will issue you with a closing statement within a fortnight or so.

Don't disconnect the electricity unless you really have to. From a security and safety perspective its good to have the electricity (for example during the cold spell the cost of keeping the house to a temperature stopping the pipes from freezing is far less than the price of a plumbing repair)

In some cases, if there are payments in advance you will get a refund payable to the estate.

Also contact the insurance company if the house is no longer occupied. They will only cover for fire from that date but you are legally obliged to tell them as there has been a change in circumstances.

You are also obliged to contact the banks/financial institutions and tell them of the death of the deceased.

Make sure you contact the Department of Social Protection to cancel any pensions, child benefit, JSA, JSB etc. The estate is liable for any overpayments.

candyflossgirl

Thanks, I have done all of the above. I think I wasn't clear enough with my question: I am calculating the expenses for the probate form. So, for example, if the date of death is the 15th of the month but the Eircom bill goes to the end of the month, do I ask Eircom to calculate what's owed to the exact date of death?

coylemj

candyflossgirl wrote: »

Thanks, I have done all of the above. I think I wasn't clear enough with my question: I am calculating the expenses for the probate form. So, for example, if the date of death is the 15th of the month but the Eircom bill goes to the end of the month, do I ask Eircom to calculate what's owed to the exact date of death?

You don't have to be so precise with utility bills, the folk in the Probate Office will take your word for it on what is owed by the estate. If you want to be really precise, just assign the standing charges pro rata and lump in the units consumed and they'll accept that. Though I think I assigned the entire final bill to the estate in the case of utilities when I did a personal probate a few years ago.

Bear in mind that contractually you can't in most cases terminate an agreement in the middle of a billing period so technically the estate is liable for all of the bill even though the individual passed away in the middle of the month.

You do not need a statement from Eircom, ESB etc. stating the exact bill up to the date of death. I don't believe they'll do that for you anyway, their systems are designed to bill for the set month or two-month period only.

candyflossgirl

Ok, that's great thanks a million. I thought that'd be th case but wasn't sure. Cheers

valleyoftheunos

With regards to the will that sounds like its correct, there are no requirements that it be on any type of paper or be stamped, sealed or contain any sort of fancy heraldry. So long as the testator was of sound disposing mind at the time it was drafted and the will is it is in writing, signed by the testator and witnessed by two witnesses it's valid.

Where it is more than one page it should be clear that the two pages are both part of the same will. Nowadays most wills are carefully drafted, eg "page 1 of 2" on the top of the page and "Blank page" on the back etc but this isn't a requirement and if the will is older may not be present.

candyflossgirl

Hi I guess all is in order with the will then. I just expected it to look a bit more official! Thanks a million for that!

eob1985

Hi folks... I'll be applying for probate soon enough. Just making sure the PA2 checklist is accurate...

Original death cert
3 copies of will
2 Revenue Affidavits

Do the copies of the will need to be certified by solicitor?
Do I also need the original will?

Cheers for any help folks...

G3467

eob1985 wrote: »

Hi folks... I'll be applying for probate soon enough. Just making sure the PA2 checklist is accurate...

Original death cert
3 copies of will
2 Revenue Affidavits

Do the copies of the will need to be certified by solicitor?
Do I also need the original will?

Cheers for any help folks...

In answer to your questions:

1) Copies do not need to be certified.

2) When you are called for your appointment at the Probate Office, you must bring the original will with you.

Hope this helps.

coylemj

G3467 wrote: »

1) Copies do not need to be certified.

+1 What can a solicitor certify anyway? The will could have been handwritten at home on a blank A4 page so how does a solicitor know if it's genuine or not?

The official in the probate office will take the original copy of the will and you won't see it again so make sure you keep copies for yourself. The Grant of Probate which you will eventually receive will contain a copy of the will. After the probate is granted, you can apply for a separate certified copy of the will which can be required for certain legal transactions e.g. conveyancing property bequeathed in the will.