Any Probate Experts on here?

Please don't guess, as this only adds to confusion; I'm looking for someone who has either knowledge or experience of this if possible.

Go for the AA published rates........

Don't claim anything.
Your father appointed ye executors because he trusted ye to carry out his wishes.
Do ye really need expenses,it looks avaricious.

The fact ye are also beneficiaries should also preclude you from claiming expenses.

Wildman, please don't take up moral issues with me without knowing the facts which I don't believe I have disclosed. Dad made a few mistakes which could upset his final wishes; we are trying to put them right. I already own 10x more than what I could ever get from my father's estate so greed (avaricious lol) couldn't be further from the truth; prudence would be a better word.

'twas you posed the question.

Never known a son or daughter claim motoring expenses from their parents estate.

You have now - It may be a mute point but 'on advice' we are exploring all avenues to ensure Dad gets what he wants. Remember, not all cases are alike and some are unique. Ours, unfortunately for Dad, has been complicated by a few mistakes he made, hence why we are considering all options.

If you have an answer to the question it would be appreciated; if not, there is nothing more I can add at this juncture.

45p per mile

Thank you 11kv - appreciated

FFS forget claiming for petrol: see if you can claim for a solicitor. The word "complicated" screams out for one.

There will be others involved with this I'm thinking,can be a very difficult time sorting things...

Aspro. You can put your put Dad's mistakes right, but asking to be "paid per mile" for doing it doesn't come over very well imo.

Never known a son or daughter claim motoring expenses from their parents estate.

Spot on.  Man the F**k up.

I was probate for my Dad (18 years ago in 4 days) who had just over £20k in his account. At the time, £20k was the threshold, not sure what it is now. He had everything paid for on his death so the money was split between me and my brothers. My brothers are all older than me (step brothers) but we have always been equal in their and my Dads eyes so it was an easy split. I took no extras even though it was me who took the time off work, parking charges in the city centre, petrol ect.

If it's a big expense to you, keep a record, deduct it and be honest. The last thing you want is a falling out from something that has been thrust upon you. Remember people won't appreciate the work you have to do.

hope neither of you witnessed the will,if you witnessed it you can not be beneficiaries ,its the law.

^^^

Is probate tied to a will? I thought probate was because there was no will?

Been that long ago and it was pretty simple for my family.

Shiit part of life tbf.

Probate is the legal process whereby a will is "proved" in a court and accepted as a valid public document that is the true last testament of the deceased

OK TY, my Dad had no will and I was deemed the probate.

Agree with 11kv.  45p a mile.  You can claim for out pocket expenses incurred as a direct result of your father's death, but not your time e.g. essential travel is a yes but food is a no.

Sorry to hear of your loss.

OK, let's update this for a better picture of why the question was asked. As 11kv rightly deduced there is a third party involved that Dad was trying to deal with before his death. He started the ball rolling in December 2015 but died before it was final, which has caused complications.

We are quite content that he had done enough for it not to be a problem and the third party has been well looked after but we are laying out large sums of money out of our own pockets and we want to ensure that we are not out of pocket should this get complicated. We have been advised to do this.

Without going into too much detail I trust this explains it a little better. I was just hoping for a simple response and was not expecting a tirade.

I was just hoping for a simple response and was not expecting a tirade.

New to Chit Chat are you?

We have been advised to do this.

Why don't you ask them, then?

New to Chit Chat are you?

Indeed; I should have known better

Why don't you ask them, then?

History has taught me that 'Chit Chat' is more reliable than money-grabbing solicitors (and cheaper)

business mileage allowances are usually around 50p a mile, give or take a few pence either way. Easier to  just use 50p.

Should a business allowance apply - this is a personal case.

It's about a 400 mile round drive to my parents, and the last few times I've done it I've got home to find £40 stuffed into the pocket of my jeans with a note saying it was for the travel. I think they'd be horrified if they die before me and find me stiffing their estate for 4-5 times that rate.

Thanks for the input Emden

bongo - My old man would want my sister and I to get as much as we could from the claim if things go pear shaped; he certainly didn't want the 'third party' to benefit any more than he left in his will, hence why it was made.

I'm quite comfortable that this will all be a mute point but in the event of a problem, and knowing my old man as I did, he would want us to fight for every penny and would be proud of us if things didn't work out as planned.

I hope for his sake that all ends well and as per his wishes but should a problem arise I am somewhat relying on any advice I can get from you lot to help us resolve this to Dad's wishes.

We've already been advised that this could run for 6 months or more but remaining ahead of the game is my main objective, which is the reason I'm sounding out the better-informed on here.

Thanks for the all the positive response to date; it is appreciated

the reason I've used business mileage rates is because that's what's deemed as a non profitable rate - it covers fuel AND reasonable wear and tear.

Personally, I wouldn't dream of charging mileage unless I was going to be out of pocket for £100's i.e up and down the motorway dozens of times.

Aspro

Just do what you feel is right. Nobody knows your circumstances. So just claim it if you feel it warrants it. 50p per mile is reasonable rate.

Well it sounds like the intention is that the 3rd party is going to get exactly what the will says, no more or less, so if that is the outcome it makes little difference what mileage is claimed.

Fwiw, here's the self-assessment tax return guidance on mileage ( self-employed people ):
"Under these rules a flat rate is paid per mile to cover all vehicle related costs – 45p/mile up to 10,000 miles and 25p/mile after that. If a taxpayer uses the mileage rate basis then they can’t claim any additional amounts for buying or running the car."

I couldn't agree more bongo; the will should be honoured and I expect it will be, but it makes sense to be prepared for the worse. 'Fail to Plan - Plan to Fail' - Hence this thread

Thanks for the update

moot point, not mute

Thanks Brendan - Correction accepted :)