25 June 2010
When a partner or close family member dies, the emotional stress will be overwhelming. Not only are there the immediate practical and legal formalities which need attention, but the general clamour and "busyness" of the occasion takes over to such an extent, that it's hard to find time to think clearly about the future. Certain steps do have to be undertaken however, and it's important not to leave these too long.
Here, senior associate, Sara Rendell of B P Collins' probate team, provides some useful advice for anyone who may find themselves in this situation.
"Losing a loved one is always a very difficult time. There's a huge feeling of shock, followed by an almost immediate need to start making the necessary arrangements and letting other family members and friends know," said Sara.
"Depending on the circumstances, the family may have previously had time to discuss funeral arrangements, but very often this isn't the case. If someone has passed away suddenly then it's important to find out as early as possible if a will had been made and then to locate it.
"This is because not only does a will deal with the distribution of any estate in the longer term, but it may also include specific instructions about the funeral itself. It can be extremely comforting to the person who has responsibility for making the arrangements to know they are carrying out the last wishes of a loved one.
"Once these have been established, the funeral directors can take care of the formalities for the burial or cremation and guide the family through the process."
No funeral can go ahead however, without a Death Certificate being obtained, which means making an appointment at the Registry of Births, Marriages and Deaths in order to register the death. This may take a few days to arrange, so it's essential to make a call about the appointment as soon as possible.
You should also think about whether you may need additional copies of the Death Certificate, as these can be obtained at the same time.
In addition, the Registrar will issue a form enabling any benefits offices to be notified, if appropriate.
Presuming a will exists, the deceased will have named an executor (known as a personal representative) to take responsibility for administering the estate. To help individuals through the process, B P Collins has produced A Personal Representatives Guide, which highlights the duties and responsibilities that the role entails.
Where no will has been made – and according to The Law Society, as many as one in three people in the UK die without leaving a valid will – then Intestacy Rules apply to the estate, a move which can prove even more complex, underlining the importance of consulting a probate practitioner.
Sara continued: "If a will has been made, then it is the executor's responsibility to administer the estate, including making the funeral arrangements, acting at all times in the interests of the estate rather than themselves, and to safeguard the estate.
"Their duties should be carried out ‘with due diligence' and will include establishing and collating the values of the assets and liabilities; applying for a Grant of Probate to enable the deceased's assets to be administered appropriately; paying any debts and legacies; preparing the estate accounts and distributing any remaining assets to those who are entitled to them.
"This can be a complex and time-consuming process, especially for the layman and the advice of a professional probate practitioner can be invaluable, not least because we know how the system works and what needs to be done."
Although it is possible for an executor to make a personal application to a District Probate Registry, the guidance of an expert can be extremely helpful. B P Collins provides executors with a questionnaire to help them collate the information necessary to apply for a Grant of Probate and then takes care of the application.
It is also at this point that the issue of inheritance tax arises. An inheritance tax account must be completed and submitted to HM Revenue and Customs. A shortened account needs to be prepared for estates which are not subject to inheritance tax and, in both these instances, B P Collins' can complete the necessary accounts and forward the relevant information.
"As part of our private client practice group, we have a specialist probate team which is extremely experienced in dealing with a wide range of issues around deceased estates," added Sara.
"Our lawyers are dedicated to helping families through the legal maze at a time when their emotions are still very raw and to ensuring the process runs as smoothly and efficiently as possible. We do understand how difficult it is to come to terms with everything that needs to be done, which is why consulting professionals can make such a difference."
If you would like to speak to a member of our private client legal team, please call 01753 279003, complete the online enquiry form or email privateclient@bpcollins.co.uk. |
