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My father is thinking of giving my sister and myself £20,000 each. Do we need to advise the tax office of this, either on his or our own behalf? — by Maria Mason — last modified 2008-10-06 09:48

My father is thinking of giving my sister and myself £20,000 each. Do we need to advise the tax office of this, either on his or our own behalf?

My brother-in-law and I purchased my mother-in-law's council house and we are now about to sell it. Do we have to pay tax on this? — by Maria Mason — last modified 2008-10-05 18:06

My brother-in-law and I purchased my mother-in-law's council house some four years ago and we are now about to sell it. Do we have to pay tax on this?

My husband has changed ownership of our home from joint to tenants in common and made a Will leaving his half of the property to our daughter. If he dies first, can she force a sale of the property? — by Maria Mason — last modified 2008-10-03 13:44

My husband has changed the ownership of our home from joint to "tenants in common" and has made a Will leaving his half of our home to my daughter. I still live in the home, as does my husband. If my husband dies first and my daughter benefits from his Will, would she be able to force a sale and leave me out on the street? Or can I in any way contest it all if he dies first?

What is the maximum amount you can gift to a member of your family without any tax liabilities? — by Maria Mason — last modified 2008-10-02 19:59

What is the maximum amount you can gift to a member of your family without any tax liabilities?

In whose name should I set up a trust bank account for a minor? — by Maria Mason — last modified 2008-10-01 17:52

What name should I use for a trust bank account? The beneficiary is a minor so should the account be in his name or the name of the trust, i.e. his deceased father's name?

I am trying to get access to a trust fund my god-father set up for me when I was born. My god-father has now died and the company will not release the money. What can I do? — by Maria Mason — last modified 2008-10-01 14:06

When I was a baby my god-father set up a trust fund for me for when I turned 18. Now that I am 18 I telephoned the company that was holding my money but they will not release it. The problem is that my god-father has died and we are pretty certain the money is in his name. I'm unsure of his date of birth but the Register Office won't give me any details and he didn't die in the town he was born in. We have tried to track some of his family but have had no luck. What can I do now?

My husband has dementia and is in care. He has not made a Will. Where will I stand if he dies intestate? — by Maria Mason — last modified 2008-10-01 13:02

The Deeds of our house are in my husband’s sole name. He now has dementia and is in care and I am deputised to deal with all his affairs. He has not made a Will so where will I stand if he dies intestate?

If one of the Executors to a Will cannot be found, what can be done? — by Maria Mason — last modified 2008-09-30 11:39

If one of the Executors to a Will cannot be found, what can be done? There are two Executors but the Executor who was named first (and appears to be deemed chief Executor) divorced out of the family a number of years ago and no-one has any contact with him - or even any idea where to find him. In the event that we did locate him, I'm not sure how willing he might be to travel to sign over rights etc. Is there any action we can take to get things moving with the remaining Executor of the Will?

My mother died and left me her flat which I now wish to sell. Do I have to change the property into my name before I can sell it? — by Maria Mason — last modified 2008-09-29 15:32

My mother died and named me as the sole beneficiary of her estate. I have now been granted Probate and wish to sell her one bedroom leasehold flat. Can I sell with my mother's name on the paperwork for this property or do I have to change it all into my name before I can proceed?

I am getting married soon and own my own house. How can I make sure my children get the house in the event of my death, not my husband? — by Maria Mason — last modified 2008-09-29 13:26

I am getting married soon to a man who has a child. I own a house and I want to know if I can make sure my children get the house in the event of my death before my husband? He has no finances or property to bring into the marriage. My house is almost paid for. By getting married will that mean he will get my house if I die? Could he then pass the house on to his child leaving my children out?

Is it standard practice that people due to inherit money have to have their financial history checked before any monies can be paid to them? — by Maria Mason — last modified 2008-09-29 11:56

As a beneficiary I was recently led to believe that I was due to inherit some money from my late brother's estate. However, the probate office dealing with the claim have now informed us that they will have to do a credit search on myself to see if there are any County Court Judgements against me and, if so, any monies due to me will have to go towards paying the CCJs first before any monies can be paid to me. I was just wondering if this is a legal requirement and if it is standard practice as I thought that the probate team worked towards maximising any inheritance due. Is it necessary that people due to inherit money have to have their own financial history taken into consideration? I would really appreciate any advice or guidance you may be able to give.

My husband and I jointly own our house. Can I leave my half to my children in my Will or would my husband automatically be entitled to my share if I die first? — by Maria Mason — last modified 2008-09-25 15:17

My husband and I jointly own our house (i.e. both names on the Deeds, no outstanding mortgage). Can I put in my Will that I wish to leave my half to my children (they are not his children) or will my husband automatically be entitled to my share if I die first?

If a named beneficiary in a Will has died, is their surviving nearest relative entitled to the money that the beneficiary would have inherited had they still been alive? — by Maria Mason — last modified 2008-09-25 13:33

If a named beneficiary in a Will has died, is their surviving nearest relative entitled to the money that the beneficiary would have inherited had they still been alive?

I am a beneficiary of a Will but the Executors claim they can't pay out any funds yet as there are two claims against the estate. How long can the Executors hold on to the funds? — by Maria Mason — last modified 2008-09-24 14:04

I am a beneficiary of a Will where probate was granted in June 2007. However the Executors claim that there are now two additional claims against the estate and they can't pay out any funds yet. How long can they hold on to funds and is there not a time limit for any new claims against the estate?

My brother has been told he cannot leave his adult children different shares of his estate in his Will as the shares have to be equal. Is this correct? — by Maria Mason — last modified 2008-09-22 12:37

My brother went to make a new Will recently and was told that he could not leave his three adult children a different share of his estate. He was told that it had to be equal or someone would contest it and by the time it was sorted no-one would get anything, only the lawyers! He is furious about this because he thought that the whole point of a Will was to make sure that his final wishes would be met. Could you tell me if he has received the correct advice?

I own my property 100%. What are the ways of covering this in a Will to avoid any tax being paid or any fees having to be paid if I am taken into care for any reason? — by Maria Mason — last modified 2008-09-22 10:54

I own my property 100% and I am unencumbered. What are the ways of covering this in a Will to avoid any tax being paid or any fees having to be paid if I am taken into care for any reason? I have four children and at the moment would like to leave them equal shares if I die. Will they get the full amount? My estate is currently under the £312,000 threshold.

I am one of two Executors to a Will. As part of the Will two under 18s have been left money to be held in trust. How should we organise this? — by Maria Mason — last modified 2008-09-18 17:16

I am one of two Executors to a Will. As part of the Will two 16 year olds are left money to be held in trust until they are 18. How should we organise this? Could both Executors open two bank accounts in the names of our respective under 18s, or is there some legal process we have to comply with?

Can a person who is resident overseas be an Executor of a Will of a person living in the UK? — by Maria Mason — last modified 2008-09-18 13:17

Could you please tell me if a person who is resident overseas can be an Executor of a Will of a person living in the UK?

If I die I would like my death in service benefit to be put in trust for my child and I would also like to appoint a Guardian. Can I just put all this in my Will? — by Maria Mason — last modified 2008-09-18 12:13

I am married and have a young baby. We do not own a house and the only thing I have to pass on in a Will is my death in service benefit from work. Out of this I would wish all debts and funeral expenses to be paid which I understand I can state in my Will. I then wish a percentage to be put in trust for when my baby is 21 and the rest to be put in trust to be used for looking after my baby e.g. food, childcare, clothes etc. I also want to appoint a guardian who would have some say in his upbringing alongside my husband. Can I just state this in my Will or is there something else I need to do?

Is it true that the eldest son inherits all if there is no Will? — by Maria Mason — last modified 2008-09-15 13:21

Is it true that the eldest son inherits all if there is no Will?