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SLP are now offering a no obligation notification service whereby we will advise the banks/building societies on your behalf when someone has passed away. Please contact a member of our team to make an appointment to find out more. 01376 321311.

At some point in our lives we will all suffer bereavement. The death of a family member, friend or neighbour can be a very difficult and painful time. There is often much to do and grieving relatives are left wondering what to do next or where to turn.

Legal terminology is often confusing. Having answers to our questions can help us all understand the administration process.

What is estate administration?

It is the process of collating the assets of the deceased, paying any debts, paying administrative expenses such as inheritance tax and distributing the assets in accordance with the terms of the Will or if there is no Will then in accordance with the rules of intestacy.

What are the rules of intestacy?

These are a set of rules which govern who should benefit from the estate in the event of there being no Will.

Who is responsible for dealing with the estate administration/intestacy?

The executor named in the Will. In the event of there being no Will, the law clarifies who is responsible for dealing with the estate administration.

Who is an Executor?

An Executor is a person/company appointed in the Will and legally entitled to apply for a Grant of Representation.

What is a Grant of Representation?

Where the deceased has left a valid Will appointing an Executor then the Grant of Representation is known as a Grant of Probate. Where the deceased has not left a Will the Grant of Representation is known as a Grant of Letters of Administration.

The document verifies the validity of the Will and is required by asset holders to confirm the person named in the document has the authority to administer the estate.

Is a Grant of Representation needed in all cases?

No, it may not be necessary to obtain a Grant where a property is jointly owned. Other joint assets such as bank accounts automatically pass to the surviving party.

A Grant of Representation will generally be needed if the value of investments in the deceased's sole name exceeds £15,000. If the amount held with an institution is less than this a Grant may not be required. However this will be dependent on the rules applied by the institution.

What else do I need to do?

You should consider placing a creditor's advertisement if you are concerned that there may be debts in the estate.

STEPS

First Step – Registering the Death

The death must be registered within 5 days. Normally a relative or the person dealing with the funeral arrangements will register the death. You will need to take the medical certificate provided by the doctor to the Registrars.

Second Step – Funeral Arrangements

Contact will need to be made with a local Funeral Director in order that the appropriate arrangements can be made. If there is a Will in existence you will need to check whether any specific funeral wishes have been expressed. In addition, you should establish whether there is a prepayment funeral plan in existence. The Burial or Cremation Certificate (Green form) received from the Registrars will need to be passed to the Funeral Director.

Third Step – Locate the Will

You must establish, if you have not already done so, whether an original Will is in existence. The original may be held with a firm of Solicitors or be lodged with a Bank. A copy may also be with found amongst the deceased's papers.

Fourth Step – Collate details of Deceased's Assets & Debts

You may already hold details of the deceased's financial affairs if you were acting under a Power of Attorney. If not, you will need to go through the deceased's papers to ascertain what assets there are e.g. bank accounts, life insurance policies, pensions, property etc. You will also need to know if there were any debts.

Fifth Step – Consult a Solicitor

You will need to take all the financial information (detailed above) to the Solicitor in order to clarify what action needs to be taken to close bank accounts, transfer property, pay bills etc. The Solicitor will advise you whether a Grant of Representation will be needed to finalise the deceased's affairs.

How Smith Law Partnership can help

We offer a wealth of professional experience and support at a time where we need to grieve. Time constraints in our everyday lives can also cause difficulties.

At Smith Law Partnership:

• We offer a tailor made service to meet your needs; a complete administration service or simply assistance with the application for the Grant of Representation
• We charge only for time spent and not according to the value of an estate – there are no hidden extras!
• We offer a thirty minute no obligation consultation

Our friendly team in the Lifetime Planning Department will be pleased to help in any way they can. Please contact us on 01376 321311