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Sudden death no will-what now?

Hi,


Sadly, we found out last night via the police that my partner's brother had passed away suddenly ,although he had been ill for some time. He had not made a will, a bit of an in family joke, as he always said "you'll have to sort it out when I'm gone - ha ha". Partner asked him to make one, but he did not. Partner is the only sibling of the deceased. No other relatives. So according to the rules, he will inherit the house and any monies, which are likely to be small. House is very run down. The estate will be well below the IHT level.


Partner is in shock at the moment, but he is trying to be practical. Please, are the only forms we need to do the PA1 for probate and IHT form? Even though there will be nothing to pay?


Should this be fairly straightforward? Partner has said he will just get solicitor to do everything but I'm thinking it could be less costly to get basic paperwork together, i.e bank statements, utility bills, all the Tell Us Once bits, and then hand it over to the solicitor.


It's early days and we are still reeling a bit, but trying to work out what to do and in what order.

Obviously at the moment priority is getting the death certificate sorted out (hopefully) with the coroner's office. And then the funeral.


Thank you.
«13

Comments

  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Google What to do when someone dies' there is a list of things to do in order
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • https://www.gov.uk/inherits-someone-dies-without-will

    I would get as many death certificates as bank accounts etc as they are 1/2 the price when you order them on first registering the death, and you will need one per account (they do send them back but it does take ages and can delay the process)

    If there are stocks and shares a copy of FT on day of death (but that may have changed now?! as it was a while ago I had to do that)

    Good luck
    Debt is a symptom, solve the problem.
  • DigForVictory
    DigForVictory Posts: 12,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Local library may have paper copies of the FT going back - or 'fiche & can print for you.

    It is an unkind burden to dump on your grieving family. I'll hope the chap doesn't have any estate elsewhere? (As one bloke we knew died intestate in two countries - long before that was settled if they could have stabbed him, they would...)

    Make sure the estate pays for your work, your time & the occasional meal out to protect your sanity. A sudden death in the family should not cause a sudden scrunch in your cashflow.

    All the very best, and please be gentle with each other as there will be grounds for anger amidst the grief.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    The links you find with MkK suggestion will get you started(read a few to get a better overview).

    There are some basic admin that will need to be done but you will get the feeling you need to act quick but there is time to let the situation sink in.

    One thing it will be worth looking at is the security and insurance of the property.

    Then fairly soon will be establishing if the estate is solvent or not,
    assets less debts if any.

    if not solvent then there is the option to step back.

    You will hear the term intermeddling used so worth reading up on that if there is chance you won't want to admin the estate.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 8 February 2018 at 12:23AM
    Ali71 wrote: »
    Hi,


    Sadly, we found out last night via the police that my partner's brother had passed away suddenly ,although he had been ill for some time. He had not made a will, a bit of an in family joke, as he always said "you'll have to sort it out when I'm gone - ha ha". Partner asked him to make one, but he did not. Partner is the only sibling of the deceased. No other relatives. So according to the rules, he will inherit the house and any monies, which are likely to be small. House is very run down. The estate will be well below the IHT level.


    Partner is in shock at the moment, but he is trying to be practical. Please, are the only forms we need to do the PA1 for probate and IHT form? Even though there will be nothing to pay?


    Should this be fairly straightforward? Partner has said he will just get solicitor to do everything but I'm thinking it could be less costly to get basic paperwork together, i.e bank statements, utility bills, all the Tell Us Once bits, and then hand it over to the solicitor.


    It's early days and we are still reeling a bit, but trying to work out what to do and in what order.

    Obviously at the moment priority is getting the death certificate sorted out (hopefully) with the coroner's office. And then the funeral.


    Thank you.
    Your partner as the closest relative will need to apply for letters of administration to deal witht he estate. Urgent things are to notify the bank, and any insurance company to make sure any house is still covered. If their are sufficiebt funds the bank will pay the funeral director directly. When you apply for the LOA order extra copies of the grant as they are much cheaper that way.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Plenty of on line resources to get share prices suitable for probate valuations no need to go tracking down the FT.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    The very first thing you must do regarding the deceased's estate is to make absolutely certain there was no will. You cannot assume just because there was joviality over the issue, that a will doesn't exist.

    You need to conduct a very thorough search of the deceased's property (inc. under rugs etc). Check with local solicitors, the deceased's bank etc. Anywhere you can think of.

    This has happened before where a will is later discovered and it becomes very complicated.
  • Ali71
    Ali71 Posts: 72 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    Thanks all, really helpful and kind replies. We will batter on, this is just the beginning.....
  • When you search property look for any insurances (life) and possible pensions through employment as this may also have life insurance attached.

    If there is surplus in the estate (net funeral cost) then I would suggest completing the probate yourself , I have completed both with and without a will, don't need expensive solicitors unless there is a element of complication to it.
    Debt is a symptom, solve the problem.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    When you search property look for any insurances (life) and possible pensions through employment as this may also have life insurance attached.

    If there is surplus in the estate (net funeral cost) then I would suggest completing the probate yourself , I have completed both with and without a will, don't need expensive solicitors unless there is a element of complication to it.

    Can I just add that it isn't always the estate that's complicated, it can be the relationships between the deceased, administrators and beneficiaries.
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