Simple will but assets not joint

SaintAlf

Hello, I'm hoping you have advice that will simplify the next few weeks for me...my father passed away at the weekend and has left a simple will, everything goes to my mum who survives him and I am one of the executors.  However on reviewing his papers etc, almost all the assets including the deeds to their home, the current bank account and a couple of savings/share accounts valued over £5k are in his name.  Also, whilst he never mentioned it to me, my mum is adamant he told her about a life insurance policy that would pay out on his death and I can find no evidence of it.  As far as I can tell so far his work pension did include for this but only for the first 5 years of drawing it, and he was drawing it for more than 20 years.  So for the time being I have 4 questions -

1.  Is is possible to transfer the assets to my mum in accordance with his will, without going through probate?

2.  If not, will I be able to get her access to the bank account which was in his name to buy shopping etc

3.  If she draws cash from an account in his name (she has his card and pin), would that likely cause issues down the line?

4.  In the absence of papers, is there a way to verify whether or not he had a valid life insurance policy?

Thanks in anticipation, it's a strange time and I hope you're coping well.

Bobziz

Some banks will release money to the executor without probate, but you'll likely need probate for the other assets. Other will confirm. https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.co-oplegalservices.co.uk/media-centre/articles-may-aug-2018/bank-limits-for-probate/&ved=2ahUKEwj2pLie28boAhVaPcAKHac4AmwQFjAAegQIAhAC&usg=AOvVaw3v7cWo6cFbNp0NlbZm2YOY
Money should not be taken from his account without the banks permission. They will pay funeral costs directly on receipt of the funeral directors bill.

For life insurance try:
https://www.unitelife.org/resources/how-to-find-out-if-someone-had-life-insurance-in-the-uk

Keep_pedalling

You may need probate for things like shares, but you should not need it to sort the bank accounts out.

No you should not touch anything in his bank accounts, you should contact the banks bereavement department without delay, and they will hopefully be able to sort things out quickly.

Does your mother also have her own account? If not where do her pension payments go?

Brynsam

Keep_pedalling said:

You may need probate for things like shares, but you should not need it to sort the bank accounts out.

No you should not touch anything in his bank accounts, you should contact the banks bereavement department without delay, and they will hopefully be able to sort things out quickly.

Does your mother also have her own account? If not where do her pension payments go?

'Quickly' could be over-optimistic, given that banks are facing the same problems everyone else has in this Covid-19 world. Unless you've already told the bank of his death, then getting some cash out of the account makes a lot of sense - it's her own money she will be drawing on.

One thing which needs to be done promptly is to let the pension scheme know. Depending on the type of scheme, there may well be a widow's pension payable for the remainder of her life.

Unless you have some evidence of life cover arranged other than through work (which will have lapsed when he retired, with the exception of the 'five year guarantee' on his pension payments, which as you've realised no longer applies), it will be hard to track down, but try https://www.uar.co.uk

xylophone

Condolences on your loss. This is always a very hard time and the difficulties are compounded by the current emergency.
 Read  https://www.gov.uk/when-someone-dies

https://www.gov.uk/applying-for-probate

If the property stands in the sole name of your late father, then you will need probate in order to transfer it into  your mother's name.
Is the property registered?
https://www.gov.uk/government/organisations/land-registry
If not, first registration may be required.
https://help.landregistry.gov.uk/app/answers/detail/a_id/33/~/transfer-unregistered-land-or-property-to-the-beneficiary-after-the-death-of-a
You may well also need it to transfer the shares.
With regard to the bank accounts, you may be able to access these if the bank permits - you will need to contact the bereavement team for each bank.

Was your father receiving an occupational pension?

SaintAlf

Thanks for your responses, as ever these forums are fantastic.  Useful and sensible advice.

The bank is indeed under extraordinary pressure, and was not answering calls this morning.  Advising using online services and a chat facility that does not exist or at least I could not find it.  My mum is in the vulnerable category and completely IT unaware and very anxious so the advice to use online services is useless for her.  No advice for people in her category.  I managed to get through to a helpful chap on a line I wasn't supposed to use and he put me through to the bereavement team.

Good news is the amount in the bank account is below the limit that requires probate.  Bad news is they said don't touch the account, I have to send the proof of passing (which should be in the post although they sent the green form to the wrong funeral directors...) and my ID and they will then take 10 working days to block the account, cancel direct debits etc, apparently it's not possible to transfer it to a new account in her name.  I suppose we will have to set up a new current account for her, hopefully transfer the funds and set up the direct debits etc manually.

So it sounds like probate will be required to deal with the other assets.

Thanks for the advice about the life insurance,  I suspect it does not exist as a standalone policy as I cannot see payments going out from the current account.  But I can try the linked checking services, it's not a priority for the moment although the status is adding to mum's anxiety.

He did have an occupational pension.  I understand mum will be entitled to a 50% pension.  I can see the payments from there and DWP going to his current account.  Good advice to make this a priority.

Thanks again and any more suggestions welcomed...

xylophone

He did have an occupational pension.  I understand mum will be entitled to a 50% pension.  I can see the payments from there and DWP going to his current account.  Good advice to make this a priority.

It is also important to advise the DWP as it is possible that there will be adjustments to your mother's state pension.

Your mother already has a bank account?

SaintAlf

@xylophone Thanks - I will use the Tell Us Once service although perhaps it's worth contacting DWP more urgently.  Unfortunately she does not have a current account in her name, only easy access savings.  I am looking at setting up an account for her and was wondering whether to make it joint in my name.  She will not be able to use the online management services and perhaps having it in joint names would be helpful in future.

badger09

Condolences on your loss. Its especially difficult to deal with the admin stuff at the moment.

When you are able to register your father's death, please do use the Tell Us Once Service as it saves you time. In my experience, DWP were the slowest to react, so I would inform them asap, even though Tell Us Once will also do this. I found the banks and utility companies dedicated bereavement teams to be helpful, so if possible do speak to or email them, rather than just using the general contact details.

This has some useful pointers
https://www.moneysavingexpert.com/family/what-to-do-when-someone-dies/

as has this 
https://www.gov.uk/when-someone-dies

People on this forum will also be able to help your through the Probate process if you get stuck

xylophone

Something that you might wish to consider in due course is asking your mother to give you PoA (unless you already have it)?
https://www.gov.uk/power-of-attorney

With regard to a joint account, this could make life easier for you and your mother for the time being.

You might open it with the bank which holds your father's account.

Mojisola

SaintAlf said:

I am looking at setting up an account for her and was wondering whether to make it joint in my name.  She will not be able to use the online management services and perhaps having it in joint names would be helpful in future.

This can work as long as you aren't claiming any means tested benefits or the DWP could argue that half the money is yours.

There is also the option of being a signatory on an account in your Mum's name - that would allow you to manage the account without having any ownership over it.