What to do when a partner/spouse dies.

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  • jlh wrote:
    Can anybody advise me. My husband and I have "mirror wills" leaving everything to each other when one dies before the other - all pretty standard. The mortgage is in my hubbies name and I think this may cause problems should anything happen to him (he has cancer). Should we go to the expense of adding my name to the mortgage, which I was told would be in the region of £300 - £700 as its quite a complicated business, or just leave things as they are. Any advice please? thanks, jlh

    The wife and I went in for this WillAid thing recently. My wife is not on the mortgage. The solicitor mentioned some sort of paperwork that it would be advisable to complete to ensure the house went automatically to the wife if I died. I forget the name - perhaps someone here could remind me? Anyway, my understanding is that you don't actually have to be on the mortgage as long as this other paperwork is sorted but it could be an issue without either thing being done.

    Further the wife is not an EU citizen. Any involvement of her family members abroad in the care of our child (should we both die) would need a solicitor in that country to sort out the paperwork. So, because our marriage is mixed nationality there are a number of hurdles with wills to sort out! Beware if your situation is remotely similar.
  • elona
    elona Posts: 11,806 Forumite
    Combo Breaker First Post
    When my fathet died in August his bank, helpfully said that they could deal with Probate for me as they had a special department and I "did not want to pay for solicitor's letters!"

    I found out that they would have charged me at least £1200 for a simple situation.

    I did this myself for about £120 and it really was not difficult.

    A friend of my DH died suddenly in early October and because no one could find a will and because there is confusion about whether he has a child - legal hurdles mean he is still not buried or cremated.

    If the person who has died was in any kind of union there may be some benefits to come from them - it is worth asking.
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  • One thing that people sometimes over look when sorting out the financial matters is contacting the Inland Revenue for a refund on the deceased Tax. My aunt paid tax on her pension and when she dyed as the executor of the will I applied for a refund and received a cheque for approx £600 which went to my mother who was beneficiary of her sister's will. When reading this back it sounds a bit money grabbing during what was a very sad time but my aunt would have got such a big kick out of knowing the Inland Revenue had to give back all of the tax she had paid that year.
  • jlh wrote:
    Can anybody advise me. My husband and I have "mirror wills" leaving everything to each other when one dies before the other - all pretty standard. The mortgage is in my hubbies name and I think this may cause problems should anything happen to him (he has cancer). Should we go to the expense of adding my name to the mortgage, which I was told would be in the region of £300 - £700 as its quite a complicated business, or just leave things as they are. Any advice please? thanks, jlh

    The wife and I went in for this WillAid thing recently. My wife is not on the mortgage. The solicitor mentioned some sort of paperwork that it would be advisable to complete to ensure the house went automatically to the wife if I died. I forget the name - perhaps someone here could remind me? Anyway, my understanding is that you don't actually have to be on the mortgage as long as this other paperwork is sorted but it could be an issue without either thing being done.

    Further the wife is not an EU citizen. Any involvement of her family members abroad in the care of our child (should we both die) would need a solicitor in that country to sort out the paperwork. So, because our marriage is mixed nationality there are a number of hurdles with wills to sort out! Beware if your situation is remotely similar.
  • mazhen
    mazhen Posts: 7 Forumite
    First Post First Anniversary Combo Breaker
    Making a will
    Yes I agree making a will is a good idea but to be honest after the loss of a loved one your head is not always working properly. After my husbands death 9 years ago I did make a will almost immediatley, however 9 years down the line my emotions and feelings are very different and I have just had a new will drawn up including a deed of variation. Other advice get in touch with your local tax office and get them on your side and on your case and inform the benefits department of your loss. Sadly in the first few months keeping focused on your entitlements can keep you sane.Take care stormybay life will never be the same just different and easier to bear as the months and years roll by. I'm here if you need me.xxx
  • Before my father passed away last year, he said he had made everything simple for my mom by making a will. However, when we started dealing with his affairs after he passed away, we found the deeds to the house ( which they had finished paying for years ago) were in his name only. This was not an uncommon thing to do in those days - he was 82. This meant that although there was a will, my mom still had to go through probate to get the deeds put into her name before she could be legally entitled to sell it.
  • WHEN MY FATHER PASSED AWAY IN JANUARY OF 2006 ON MY BIRTHDAY, I WAS DEVASTED AND MY BROTHER WHO LIVED NOT FIVE MINUTES AWAY PROVED USELESS ALTHOUGH I HAD A 90 MILE ROUND TRIP TO SORT THINGS OUT THE FIRST THING IS FUNERAL AND DEATH CERTIFICATE.
    THEN COMES THE SORTING OUT OF ANY PAPERWORK EVEN IF YOU HAVE A WILL YOU STILL HAVE TO GET PROBATE IN COURT FOR IT.

    i.e.:- 1ST) PROBATE THIS CAN BE DONE YOURSELF THROUGH THE COURTS IF MONEY MORE THAN £15000.00.
    2ND) BANK ACCOUNTS HAVE TO BEFROZEN SO PROOF SUCH AS DEATH CERTIFICATE MUST BE TAKEN TO BANKS THEN WHEN YOU HAVE PROBATE THEY WILL RELEASE ANY MONIES.
    3RD) MORTGAGE COMPANIES/COUNCILS MUST BE INFORMED WHEN THE PARTY DIED AND PROOF AGAIN MUST BE SEEN.
    4TH) FUNERAL EXPENSES THEY WILL WAIT UNTIL ANY MONIES HAVE BEEN RELEASED OR IF NO MONEY SOCIAL SERVICES WILL PAY UPTO ABOUT £1000.00 IN FUNERAL EXPENSES.

    BUT I MUST WORN EVERYONE I HAD TO PAY THE COUNCIL FOR MY FATHERS HOUSE UNTIL I COULD CLEAR IT AND ANYTHING IN THE GARDEN THEY HAD TO CLEAR COST US £700.00 IN FEES, ALSO ELECTRICITY,GAS AND PHONE BILLS HAVE TO BE PAID UPTO THEIR DEATH AGAIN EVERYONE REQUIRE PROOF THIS IS WHY I WOULD RECOMMEND GETTING COPIES OF DEATH CERT. AT LEAST 3.
  • When my sisters husband died the children notified the credit card company,bank etc of the loss of their father. They all immediately froze all the accounts so my sister was unable to access any money etc even to pay for the funeral. Suggest that everyone gets a credit card etc in their own name (not joint or additional cardholder) then when the worst happens life does not kick you down even further.
  • An Advance Directive or Living Will is at least as important as the will in my opinion , but far more rare. The best resource for all kinds of things like this - advice, forms, how to DIY funerals etc,is the Natural Death Centre : http://www.ac026.dial.pipex.com/naturaldeath/
    I strongly recommend THe Natural Death Handbook. It is a good way of bringing up the topic of whether someone wants to be buried or cremated, kept alive by mechanical means or allowed to die gracefully should they be mortally ill, and whether they want an all singing, dancing funeral with plumed horses and a full choir, or a simple plywood box and no flowers.
    The most important thing to remember is that there are a number of people out there whose objective is to make money out of the death, and you do not have to say "yes" to their offers of "help". You do not have to be rushed into things. One of the best funerals I attended was where friends carried teh coffin, we sat in a circle around it ina local community centre and just siad what we felt rather than have a formal service in a church, and he was buried in an eco-burial site where there were no traditional headstones. some had trees, somehad pi,les of rockes, some had a rose bush or a rosemary plant, some nothing at all. It was on top of a hill with glorious views and, we all helped to fill in the grave and then decorate it with flowers. Strange at first but it was therapuetic, and it felt like putting him safely to bed rather than anything grim. It was a beautiful day, and everything was fron the heart, and organised by those who knew and loved him.
  • With regards to the Credit Cards also check to see if the deceased had Card protection on it .My Husband did and ,the debt was paid off by the Card Insurance .
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