Probate

[Sqad]

Married couple, British Citizens, living abroad, all assets in the UK all in both names.

One dies, are all the assets frozen during probate or just the half that belong to the deceased?

[B00]

How would it be determined with bits of the assets were the deceased persons?

[Sqad]

BOO...the only assets being bank accounts in both names.....the deceased and the survivor.

[B00]

That's what im getting at sqad- now bearing in mind i know bugger all about probate (no really!) I'm just using the logic of there's no way that anyone can tell which bit of the lump sum was specifically the dead persons, so how can they freeze a specific amount?

[Sqad]

BOO...bank account say......100.000 pounds sterling in joint names.

Would the whole amount be frozen or just 50,000 that of the deceased?

[ummmm]

Do we need to be worried about Mrs sqad?

[Sqad]

ummmm....LOL

[Barmaid]

If the assets are in joint names, they technically fall outside of probate since the survivor inherits in the instance of death. There are exceptions to this though.

Generally, all that is needed is production of the death certificate and the bank should change the account into single names.

[B00]

But what happens if the person still alive has paid over two thirds of that money into the bank himself/herself?

See what I mean?

[Sqad]

barmaid.......my darling......thanks for your help and give my regards to Peterborough.

[ummmm]

From what BM says....shouldn't make a difference.

[Barmaid]

lol B00 - you hit upon the exceptions! It really depends what the intention of the parties was at the time. If it was intended to be owned jointly, survivor inherits. If it was intended to be owned in some other proportions, the person seeking that must prove. The major exception is when an elderly relative puts a bank account in his name and someone else's for ease of operation. That is not jointly owned and not inherited by the survivor.