what happens immediately after testator's death

geoteresa

Hi,
I've got some questions regarding dealing with a will immediately after a testator's death. Please can anyone help? Thank you

When a testator dies, what happen straight after his death? Does the executor have to gather the family to read the will over?

The executor has to organise a funeral – how would he pay for it? Would he have to pay from his own money and then claim it back from the testator's estate after getting a grant of probate? Or maybe the executor can use the testator''s money without getting the probate?
Can executor get the money e.g. from testator's bank account without a probate, just by showing a will to the bank?

What happens to the minor children straight after parent's death? Do social service take them away even if there is a will appoints the guardians? If the social service takes the children away, when would they pass the children to the guardians appointed in a will? After probate or before that? e.g. when executor shows the will to the social service?

PasturesNew

It's a good idea for somebody to see the will soonest/fastest, in case there are special requests/odd things in there. No need to get everybody round for a read, find out how they want to know what's in it. They're never as good/interesting as in films. Could just scan it and email it round to people probably.

If you are sorting the will without a solicitor, it's likely the funeral director will ask for payment in full as it's possible for you to not pay them. If you do pay for it, you pay yourself out of the estate before the money's divided/distributed as per the will.

You can't get the money by showing the will at the bank. You will need to close their account, with a copy of the death certificate and then get the funds transferred to AN Other account, which could be yours. Or, you could open up an account just for the will/debts/payments/paying out. So the figures can be kept simple/obvious.

If there are children, then the guardians should've been asked prior - people should know. In a regular household I'm sure social services would let a reasonable person hold onto them .... if there's anyting "a bit iffy" in the family (ASBOs, drugs, alcohol, generally a pain in the butt) social services might err by snatching them.

Yorkshireman99

geoteresa wrote: »

Hi,
I've got some questions regarding dealing with a will immediately after a testator's death. Please can anyone help? Thank you

When a testator dies, what happen straight after his death? Does the executor have to gather the family to read the will over?

The executor has to organise a funeral – how would he pay for it? Would he have to pay from his own money and then claim it back from the testator's estate after getting a grant of probate? Or maybe the executor can use the testator''s money without getting the probate?
Can executor get the money e.g. from testator's bank account without a probate, just by showing a will to the bank?

What happens to the minor children straight after parent's death? Do social service take them away even if there is a will appoints the guardians? If the social service takes the children away, when would they pass the children to the guardians appointed in a will? After probate or before that? e.g. when executor shows the will to the social service?

Will reading only take place in films.

A bank will usually pay the funeral director direct if the executor presents the will and death certificate.

You can't will your children. Whilst a guardian can be appointed ultimately it is for the court to decide who will get custody.

missbiggles1

It isn't the executor's job to arrange the funeral although they may have to sort out funding if this is coming out of the estate.

geoteresa

PasturesNew wrote: »

It's a good idea for somebody to see the will soonest/fastest, in case there are special requests/odd things in there. No need to get everybody round for a read, find out how they want to know what's in it. They're never as good/interesting as in films. .

I think I watch too many Hollywood film

PasturesNew wrote: »

You can't get the money by showing the will at the bank. You will need to close their account, with a copy of the death certificate and then get the funds transferred to AN Other account, which could be yours.

Ok, so it means I do not need a probate? just a death certificate and maybe a will is fine?

geoteresa

Yorkshireman99 wrote: »

You can't will your children. Whilst a guardian can be appointed ultimately it is for the court to decide who will get custody.

Does it mean that if e.g. I appoint as a guardian my sister who lives abroad, that the court may not allow the children to go to live with her?

konark

Ok, so it means I do not need a probate? just a death certificate and maybe a will is fine?

Whether you need probate depends upon the assets in the estate; less than £5,000 and no property (or if property in joint names with surviving partner ) and you don't need probate.

Yorkshireman99

geoteresa wrote: »

Does it mean that if e.g. I appoint as a guardian my sister who lives abroad, that the court may not allow the children to go to live with her?

Yes. The court would decide on the basis of what was best for the children. Your wishes will be considered but will not override the children's best interests.

Yorkshireman99

geoteresa wrote: »

I think I watch too many Hollywood film



Ok, so it means I do not need a probate? just a death certificate and maybe a will is fine?

The need for probate depends on the size of the estate. However banks will commonly only pay funeral costs direct to the undertaker though they have no legal obligation to do so.

Rodders53

There are some sticky guides to what happens - really worth reading first https://forums.moneysavingexpert.com/discussion/4896302

It sounds to me like you are planning on writing your will?? If so, advice from a Solicitor (get a recommendation for a good local one) may prove invaluable to you in planning for your family's future in the (hopefully unlikely) event...

TBagpuss

Yorkshireman99 wrote: »

Yes. The court would decide on the basis of what was best for the children. Your wishes will be considered but will not override the children's best interests.

a court does not automatically get involved at all. No do social services.
In mpst cases, arrangements will be made by those most closely invovled, so (for instance) friends or family would notrmlly care for children short term before making longer term arrangments taking into account what you had said in your will.

If there was a dispute - for example, if you names your sister as the children's guardian but a grandparent or other family member wanted the children to live with them, then either that person, or your sister, might apply to the corut for an order, at which point a court would make a decision based on what was felt to be in the children's best interests.

If you are apppointing a guardian it can be sensible to leave a letter with that person, updated regualrly, which sets out why you have chosen them and why you feel it is in the children's best interests, for instance by providing information about why you made the choice, and conerns or issues with other family members who might put themselves forward (e.g. worries about health, history of violence within a relationship etc. That way, the Gurdian has a much clearer idea of why agreeing to the children living with another person might not be a good idea and can prepare their case accordingly f an application is made to court.

Social services would only be invovled if there was concern that the children were at risk of suffereing, or had suffered, significnat harm. If you died on holiday they might arrange temporary foster care until your family members arrived, for instance.