The Deceased's Estate
What is the deceased's 'estate'?
The deceased person's estates consists of their assets, whether it's money, jewellery, houses, land, whatever it is, in any part of the world.
Why do I need to notify the Benefits Agency immediately of the death?
With a deceased's' estate it is advisable to notify the benefits agency immediately after the date of death, as this will stop further payments coming into the bank account because there they have to repaid. You need to advise them to stop making payments and to also notify that you may be entitled to payments if you are the widow or widower, you may be entitled to the bereavement entitlement.
Who is meant to sort out the money and property of the deceased?
With a deceased's' estate, the person meant to sort out the money and property of the deceased will be the executors or trustees named in the will. It's their duty to deal with the assets of the deceased. If there is no will, then it will probably be one of the family or near next of kin.
Who has access to the deceased's money?
With a deceased's' estate, the executor's trustees will have access to the money once they've obtained the grant of probate or letter of administration.
When should I start organising the deceased's legal and financial affairs?
With a deceased's estate, organising the deceased's legal and financial affairs should normally be waited until the funeral has happened. Then come in and see me as assistor to assist them and discuss what is necessary to wind down the deceased's estate and distribute assets.
How do I find out about the will?
When we do a will in a solicitor's office, we normally keep the original will in our office, and we issue the client with a copy of the will in an envelope which is pre-printed on the outside and states where the original is held. The client has that copy of the will and is told to keep it in some safe place at home, so that people will find it and know where to look for the will.
How do I find out who the dead person's solicitor was?
Unless you have an envelope stating where the will is kept - with which solicitor - you may have great difficulty in finding out who the solicitor is. Sometimes you see advertisements in the newspapers advertising for the whereabouts of a will from people obviously trying to trace a will. They just can't find the will. When all is said and done, it is advisable to tell your next of kin where your will is so that they can find the will and find the solicitor who made the will.
When is the will published?
A will is published once probate has been obtained. Normally, working in a solicitor's office, the will is discussed with the executors, and it is really the decision of the executors as to whether beneficiaries are shown copies of the will at that stage. Normally they wait until the probate has been obtained to publish the will, when it is then a document of public record and anybody can obtain a copy of the will.
What will I need to give to the deceased's bank, pension and insurance companies?
You should give the deceased's death certificate to the bank and insurance and pension companies, so that it's noted in the records of each company. Really, you should give notification of the death to anybody who holds assets of any nature such as a bank or building society, so that nobody else can use the account and the account is frozen as from the date of death.
How are the deceased's bills paid?
Normally when somebody dies and bills have accrued, the bills pertaining to the deceased's estate are paid when the grant of probate has been obtained and the executors have access to the funds of the deceased to pay. But it is advisable to contact the creditor, for instance BT, and tell them that the deceased has died and that the bill will be paid to square the account in due course.
As a widow/widower, do I receive bereavement benefits?
With a deceased's estate, if you're over 45, you may be entitled to receive a bereavement benefit. The rules change once you're over 55, and you receive full entitlement but it depends on various factors. It's best to refer to the Department for Work and Pensions web site.
