Intestancy issues & processes + deceased's debts

Brduk

My mother is the executor of her brothers will. We have an issue that only an unsigned copy of the will can be found at the moment. My mother went to the opposite end of the country to attend my uncle at hospital and is thus unable to search her or her partners home for the signed copy. Efforts are ongoing to locate the signed copy on her behalf.

Is there a defined period of time before which a will has to be presented before the deceased is declared intestate?

AFAIK, there are only two beneficiaries in the will, my uncles daughter and myself. I wish to forgo my entitlement and pass it to his daughter. Presuming we find the signed copy of the will what is the process for doing this? Do I have to accept my entitlement then transfer it, or can I waive my entitlement before monies are disbursed? Are there any income tax implications here?

Presuming there is no contest to his daughter receiving 100% of the estate, are we as well pushing forward and declaring intestacy or is there any advantage in locating the signed copy of the will?

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Debts

While i'm not the executor, i'd like to help my mum by getting some advice for her.

I understand there is a sum outstanding for the mortgage on my uncles property but wonder if there is life insurance within his policy. Are lenders obliged to automatically process life insurance upon receipt of the death certificate, or is there more to it? I imagine she should speak to the lender first, typically how likely are they to be helpful in this regard? Should she seek advice from the CAB or a solicitor?

My uncle also had some credit card debts, I have no idea if any/all of these were secured/unsecured or a mixture. Again, like with the mortgage, how likely are we to get a straight answer from the lenders? Should we request the signed copies of the loan agreements? Do unsecured debts become void upon death?

Apologies for any obvious/easily researched questions, and thanks in advance for any replies.

G6JNS

Brduk wrote: »

My mother is the executor of her brothers will. We have an issue that only an unsigned copy of the will can be found at the moment. My mother went to the opposite end of the country to attend my uncle at hospital and is thus unable to search her or her partners home for the signed copy. Efforts are ongoing to locate the signed copy on her behalf.

Is there a defined period of time before which a will has to be presented before the deceased is declared intestate?

AFAIK, there are only two beneficiaries in the will, my uncles daughter and myself. I wish to forgo my entitlement and pass it to his daughter. Presuming we find the signed copy of the will what is the process for doing this? Do I have to accept my entitlement then transfer it, or can I waive my entitlement before monies are disbursed? Are there any income tax implications here?

Presuming there is no contest to his daughter receiving 100% of the estate, are we as well pushing forward and declaring intestacy or is there any advantage in locating the signed copy of the will?

---

Debts

While i'm not the executor, i'd like to help my mum by getting some advice for her.

I understand there is a sum outstanding for the mortgage on my uncles property but wonder if there is life insurance within his policy. Are lenders obliged to automatically process life insurance upon receipt of the death certificate, or is there more to it? I imagine she should speak to the lender first, typically how likely are they to be helpful in this regard? Should she seek advice from the CAB or a solicitor?

My uncle also had some credit card debts, I have no idea if any/all of these were secured/unsecured or a mixture. Again, like with the mortgage, how likely are we to get a straight answer from the lenders? Should we request the signed copies of the loan agreements? Do unsecured debts become void upon death?

Apologies for any obvious/easily researched questions, and thanks in advance for any replies.

There is no fixed period to find the will but if the close relatives want to do that they have to make as thorough a search for a will as possible including solicitors locally or the banks. Then they have to swear an oath to get letters of administration. In the meantime you should notify the bank and mortgage lenders. Life insurers pay out very quickly upon production of the death certificate.

You can give up any entitlement under a will be using a deed of variation. Beat to use a solicitor for that.

Unsecured debts do not become void upon death. It would be sensible to notify credit card lenders of the death as well.

Have you read the Sticky on this forum as it has lots of useful information.

Brduk

Thanks for the reply G6JNS

We're a small family, there are effectively three close relatives over 18 after discounting my grandmother who my mother has POA for and two minors (2 & 12).

My uncles will was a DIY affair with the assistance of someone who done admin for a local solicitor. The only known signed copy was/is in my mothers possession.

Deed of variation looks exactly what I need, thanks.

We intend to notify all organisations with links to my uncle of his passing, but a little unsure if there are specific points to make/questions to ask/entitlements/nuances etc when dealing with financial institutions.

I've read quite a number of the sections of the sticky and passed it onto mum, you're right, plenty of useful information. As above, we're just a little unsure of what to expect and where we stand when dealing with the financials.

Thanks again for a prompt and informative response, much appreciated.

G6JNS

Brduk wrote: »

Thanks for the reply G6JNS

We're a small family, there are effectively three close relatives over 18 after discounting my grandmother who my mother has POA for and two minors (2 & 12).

My uncles will was a DIY affair with the assistance of someone who done admin for a local solicitor. The only known signed copy was/is in my mothers possession.

Deed of variation looks exactly what I need, thanks.

We intend to notify all organisations with links to my uncle of his passing, but a little unsure if there are specific points to make/questions to ask/entitlements/nuances etc when dealing with financial institutions.

I've read quite a number of the sections of the sticky and passed it onto mum, you're right, plenty of useful information. As above, we're just a little unsure of what to expect and where we stand when dealing with the financials.

Thanks again for a prompt and informative response, much appreciated.

Financial institutions vary so you may find them OK or not. Most will want sight of the death certificate and probate of the will or letters of administration to hand over money but others are more easy going.

Crabapple

If you want things to operate as they would under intestacy and everything go to the only child (I presume there is no spouse) then it might be as simple not to worry about searching for the Will and just apply as if there isn't one. Otherwise if it is found then the Deed of Variation route is appropriate.

Any life assurance is not likely to be processed just by contacting the mortgage lender. There is no requirement for life assurance to be held with the same company, or even if it is it will likely be with a different arm of them so they will need to be contacted separately. Look through paperwork to find details, or on bank statements as there will usually be a regular payment to them.

As said, the unsecured debts do not disappear on death. There may be PPI which would settle them. Notify those lenders too, ask for a date of death balance and whether there is any linked insurance. Ask whether interest will be frozen and advise that any regular payments will now cease as the accounts will be frozen.

Brduk

Thanks for advice to date, appreciated.

Update: The will has been found, therefore it seems we will be going the Deed of Variation route, which means contacting solicitors.

Next question, the will specifically states my entitlement is a percentage of the property owned by my uncle. I'm in Scotland, my uncle lived in England, does this present any problems in regards to which solicitors I can use? Also, do I need the original copy when visiting solicitors for this service or will a copy suffice?

g6jns_2

Brduk wrote: »

Thanks for advice to date, appreciated.

Update: The will has been found, therefore it seems we will be going the Deed of Variation route, which means contacting solicitors.

Next question, the will specifically states my entitlement is a percentage of the property owned by my uncle. I'm in Scotland, my uncle lived in England, does this present any problems in regards to which solicitors I can use? Also, do I need the original copy when visiting solicitors for this service or will a copy suffice?

Assuming your brother was domiciledvin England then the estate has to be dealt with there. Depending on where you are in Scotland you may be able to find a solicitor who practices in England as well as Scotland. Whoever applies for probate must produce the original will.

getmore4less

Unless there is likely to be an IHT issue for yourself just gifting would save money.

Also watch if you claim(or know you will claim) means tested benefits.