Knowing your capital is safe in the first instance could help provide some breathing space for you to work out what is next.
Clarity
Transparency
Locate: the most recent Will (if there is one). Solicitors are likely to have a copy of this on file but we can also hold a copy for existing clients, do not hesitate to contact us if you are struggling to locate it. Final wishes may be recorded in the will regarding the funeral, charities and chattels, so it could be useful to look over the will before finalising any arrangements.
Inform: there may be many people who need to know the deceased has passed. Letting family and friends know in the first instance can be one of hardest stages of the process, experiencing others grief along side your own can be emotionally challenging. You will also need to inform third parties such as banks and the relevant government departments What to do after someone dies: Tell Us OnceAssets: CroweFPUK will have an understanding of the asset base of existing clients, any outstanding liabilities and any inheritance tax planning undertaken to date including financial gifts for existing clients. In addition to this, going through all documents, files or paperwork the deceased held will take time but help paint a clear picture for you as executor.
Inheritance Tax: now you have a clear picture of the estate, you will need to work out if inheritance tax is due. Our 'Inheritance Tax: Could it impact you' article provides more information.
Probate: not every estate needs to go through probate and working out if this applies to the deceased’s estate is an important part of this process. Probate procedures vary in length depending on the complexity of the estate; with more complex estates taking more time along with other assets which may be harder to sell. You can administer probate yourself or you can appoint a professional to undertake probate for you, but this will incur charges.
Assess: You may be entitled to non means tested bereavement benefits from the government, known as Bereavement Support Payment (BSP) which you can check on the government website. Bereavement Support Payment: How it works | Bereavement Advice Centre | Bereavement Benefits.
Mail Suppression: you can reduce the amount of junk mail received via this service to reduce any undue distress Bereavement Advice Centre | Junk Mail Suppression Service.
Ask for help if you are struggling, there are many services out there that are experienced in dealing with bereavement and how it may uniquely impact you. Do not suffer alone as the right support can be invaluable during this turbulent time.
The will may also contain instructions regarding the funeral and wishes on distributing more personal items, earmarked for certain individuals. Intestacy is when there is no valid Will in place.
Please note assets in trust such as most pensions belong to the Trustees and not the estate, therefore it’s important to have nominated death beneficiaries as they cannot be bequeathed in a Will.
If there isn’t a will that can be located, the estate will be subject to intestacy rules. Please see more details around this on the government website Intestacy - who inherits if someone dies without a will? - GOV.UK (www.gov.uk).
As at December 2023 there are 6147 unclaimed estates which are managed by the Bona Vacantia government department.
Can be applied for 20 working days following the submission of the IHT400 form and is the process in which someone is able to legally deal with a deceased estate. In the UK and Wales, if the deceased owned ‘significant assets’ solely in their name you may need probate to be able to settle an estate.
More information can be found at the below link. Applying for probate: What is probate
If there is a Will, grant of probate will be applied for by the executors, if there is not a Will grant of letters for administration are applied for by close relatives. Once granted, you can administer and distribute the estate as per the wishes in the Will or through intestacy rules if there is not a Will.
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