Wills and Estates - UK Government Guidelines
Dealing with the will and the estate
From the UK Government website:
What is a personal representative?
The personal
representative (also known as the executor if they are named as such in the
Will or, the administrator if there is no executor named or no Will), is
responsible for ensuring that what is specified in the Will is carried out.
Has a Will been left?
Wherever the
death occurred, it is important to find out if the person who has died left a
Will and, if so, who the executor is. The Will states what should happen to the
money, property and possessions (known as the estate) of the person who has
died. The personal representative is responsible for paying any debts, taxes
and expenses, including funeral expenses.
They make the payments from the estate, not from their own income or savings. Only when these duties are finished can the personal
representative distribute the rest of the estate.
What happens if no Will has been left?
If the person
who has died did not leave a Will but had money or property, an application for
legal authority to administer the estate must be made to the Probate Registry
in your area. To find your local Registry, call 0870 241 0109 if you are in
England or Wales. You can make these applications yourself, but you may wish to
take advice from a solicitor. If you decide to use a solicitor, he or she will
be able to tell you what is necessary and make the necessary
application on
your behalf. It is a good idea to gather all your documents together, and make
a note of questions before you visit the solicitor as this will save on time,
money and effort.
If you live in
Scotland or Northern Ireland you will be subject to different rules and
regulations.
If you live in
Scotland, you should contact the General Register Office for Scotland. They can
be contacted on 0131 314 4243. Residents of Northern Ireland should contact the
General Register Office (Northern Ireland). They can be contacted on 028 9025
2000.
The relevant
office will be able to give you appropriate guidance.
If your relative has an estate overseas
Local law
governs the administration of all property in a third country. In some
countries, a court or public authority appoints the personal representative; in
others, the beneficiaries may be automatically entitled to administer the
property.
Where the deceased
had little or no connection with the country where their property is situated,
the local law may permit the personal representative, or the beneficiaries, to
deal with the property.
Where this
applies, we can notify relatives and known beneficiaries of the nature and
extent of the local estate, give the names of English speaking local lawyers and
assist, where we properly can in the event of problems arising.
Arrears of benefit
As the executor
or administrator, you can claim any arrears of benefits still owing to the
person who has died. There may be money due if the deceased was receiving or
had recently claimed a benefit. Your local Department for Work and Pensions
office will be able to give you a form to apply for any arrears. The procedure
is the same whether benefit is payable at a Post Office or to an account.
Arrears may sometimes be paid without the need to claim.
You should ask
the Department for Work and Pensions office for more information, as soon as
you can, if the person who died was awaiting the outcome of an appeal against a
decision about a benefit; or if you think he or she may have been eligible for
a benefit but did not claim it. You may be able to act on his or her behalf and
arrears of benefit may be payable to you.
Small estates
If the whole
estate comes to less than £5,000 it may be possible for it to be released
without proving the Will or obtaining letters of administration.
Debts
Normally debts, including funeral expenses, are paid
out of the estate of the person who has died. The personal representative is responsible for paying all the debts of the
estate. It is best to advertise for creditors (people to whom the person
who has died owes money). This means putting a formal advertisement in a
newspaper that has a local circulation. This should be after the grant of
probate or administration has been made to you. Unknown creditors are given two
months in which to make claims. If you do not advertise, you may be faced with personally paying claims made
after the money has been shared out
Tell the
creditors the name of the personal representative. This may mean telling people
such as
the area
telephone manager, and any company with whom the person who has died had a
credit, hire purchase or rental agreement. One example of a claim that may
arise is if the Department for Work and Pensions office finds they have paid
too much Income Support and ask for the overpayment back.
National
Insurance owed at the date of death is also a debt of the estate. If this is
not paid, it may affect the benefit of the surviving spouse.
Distribution of property
When all the
expenses, debts and taxes have been paid, the personal representative may then
distribute anything left of the estate. If there is a Will, the personal
representative will follow the instructions in the Will to carry out the wishes
of the person who died.
Marriage and divorce
Marriage will
cancel any Will made in most countries. After a divorce, a former spouse cannot
receive anything left to them from the Will unless the Will clearly says
otherwise. Divorce may also prevent the former spouse acting as a personal
representative.
If there is no Will
If there is no
Will, the personal representative can then distribute anything left of the
estate. The personal representative shares out the estate according to rules
that consider the rights of a surviving spouse, children, parents and other
close blood relatives.
If there are no relatives
If there is no
Will or entitled blood relatives, the Crown has a right to the whole of the
estate. You should write to: The Treasury Solicitor’s Department (BV) One
Kemble Street London WC2B 4TS
Claims on the estate
Whether you are
related or not, you can apply for a share of the estate if you were being
supported financially in any way by the person who died immediately before the
death. If you qualify, you must apply within six months of the date on which
probate or letters of administration are taken out. The court can allow later
application in special circumstances.
You should take
legal advice on how to do this.
Do not be rushed
into parting with goods before taking legal advice. Hire purchase goods cannot
be repossessed after a third of the purchase price has been paid unless the
firm obtains a court order. Where a deceased partner has left a debt, you may
need to check with an advice centre or a solicitor about any liability for the
debt.
Tax
If the person
who died was paying tax on income from investments or, as a self-employed
person or, as an employee, notify the Tax Office about the death as soon as
possible. This will enable the tax affairs of the person who has died to be
settled.
Depending on the
circumstances, this may involve paying some more tax or claiming a refund.
The particular
Tax Office to contact will depend on the circumstances. For instance:
> if the person who died was an employee or
had a pension from a former employer, the pay section of the employer or pension
organisation will know the deceased’s Tax Office
> if the
person who died was self-employed, contact the Tax Office nearest to the place
of business
> if the
person who died was unemployed, or retired without a pension from a former
employer, contact the Tax Office nearest to the home address.
You can find
more information by contacting your local office and asking for a copy of their
leaflet: ‘What to do about tax when
someone dies’.
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