can executor and beneficiary be absent for weeks/months after someone's death?

justus111

To make situation clearer - my daughter was planning to go to another part of the world far from civilisation the next month for a few months. I can certainly see the possibility of me dying but we do not know when (steady quick deterioration, gaining speed in the last few months ). It would not be nice for her to wait for my death though so if we think I probably would survive for a few months she would go; if not she would stay. What I was going to ask and what can help us to decide - in case where she goes and I die while she is away ( no worries about company/help, I have a significant other one could dream off specially in these circumstances and loads of friends) -is there anything she has to be home for? She is my only financial benefactor and could everything be delayed until she is back? Asking as it would be a shame to interrupt and in practice end her gap year once in the lifetime experience. I know I could ask my banks, pension agency, utility providers etc about it - I do not want to as it is a lot of work; I am deaf now so communication is even more struggle so I am asking you - these forums were a godsend for many many years to me (old user can not access my account).

elsien

As a beneficiary, it doesn’t matter.
As sole executor it would be a problem. Is there another executor who could do the bulk of the work; It seems unlikely she’s going to be totally out of communication - There are usually ways and means wherever you are in the world now - So if there is another executor, she would also have the possibility of reserving her powers. 

If she’s doing her gap year I’m presuming she’s quite young and sole executor would be a lot of responsibility to put on someone at that age so I would seriously consider the executor issue again if you haven’t  already done so. 

Grumpy_chap

Are there assets that will need managing "quickly" after the event, of can dealing with the Estate wait until she returns from the gap year?

Are there likely to be any obstacles to simple resolution of matters, or could there be challenges?  You mention that your Daughter is sole beneficiary but also that there is a "significant other" - will the later assume ownership / right to reside of, e.g. a residential property?

Hoenir

Who is going to organise your funeral, manage your property, pay the bills , renew insurances etc ? 

With GPS remaining in contact anywhere in the world is possible? 

The answer seems to be to have a grown up discussion with your daughter and make contingencey plans. 

justus111

elsien said:

As a beneficiary, it doesn’t matter.
As sole executor it would be a problem. Is there another executor who could do the bulk of the work; It seems unlikely she’s going to be totally out of communication - There are usually ways and means wherever you are in the world now - So if there is another executor, she would also have the possibility of reserving her powers. 

If she’s doing her gap year I’m presuming she’s quite young and sole executor would be a lot of responsibility to put on someone at that age so I would seriously consider the executor issue again if you haven’t  already done so. 

Yes she would be contactable. What work - that's exactly the question? So that we can decide if it is possible. Or someone else telling us "yes it is possible, look out for this and that thing" or "yes it is possible but mind this - can not be done without a physical presence".
No I do not intend to appoint another executor - for various reasons. Can the question be answered without delving into it ? On reflection - OK simpler to answer rather than refuse to -
 1.if there are a couple of executors there is different take on things and conflicts either apparent or subdued  - I did not want to put my nearest and dearest through it;
2. the SO is relatively recent and knowing him he would not be thrilled about that additional responsibility specially keeping in mind 1;
3. The child is 19 , almost 20 ( she redone 1 year of her Alevels and she was on the older side at her year; I had first bout of cancer pretty bad when she was  and diagnosed with Stage 4 when she was 14 so drilled into her independence and having to deal with issues;
4. As she is the only beneficiary it would be unfair to ask someone to be coexecutor and she would not trust anyone.

justus111

That's the question. There is house, occupational pension, private pension, savings, cats - I don't think anything else but who knows - are there ?
I do not envisage chalenges from nowhere , SO does not pretend for this property at all, it does not feature in his plans, he lived here only for 2 years - of course it would be different if he lived here for 10 years lets say. Grumpy_chap said:

Are there assets that will need managing "quickly" after the event, of can dealing with the Estate wait until she returns from the gap year?

Are there likely to be any obstacles to simple resolution of matters, or could there be challenges?  You mention that your Daughter is sole beneficiary but also that there is a "significant other" - will the later assume ownership / right to reside of, e.g. a residential property?

justus111

Hoenir said:

Who is going to organise your funeral, manage your property, pay the bills , renew insurances etc ? 

With GPS remaining in contact anywhere in the world is possible? 

The answer seems to be to have a grown up discussion with your daughter and make contingencey plans. 

I am asking for exactly the material "to have a grown up discussion with my daughter and make contingency plans"!! I have not died before so that I do not know !
Funeral - if a cremation is ordered and wake can be done anytime - what is to consider there?
What needs  to be done in the property - SO would continue to stay here ?
What bills and insurances ? There is car insurance for her to think about  (renewal in February) - no others. What  have I forgot ? I assume the utilities can be sorted with her being remote and an SO being here?

elsien

Some of it will depend on your circumstances - rental place or own home, for example - and who else you have willing or able to be involved but off the top of my head: not all specifically executor related but still important to think about who will be doing it if not your daughter. 
The practicalities of registering the death and who would take on that responsibility - that does  not have to  be your daughter but it may help to look at how it would work beforehand. 
Who will arrange the funeral - the bank can release funds directly but that would normally be arranged by the person managing the estate. Your bank account will be frozen when the bank are informed of your death. 
If you are renting somewhere, there will be the administration of ending the tenancy and having your  belongings safely removed/disposing on the things that are no longer needed. 
If your own home, someone checking for important post and dealing with it/passing it on to be dealt with. Tell us once service can be sorted out online. 
Things like informing the various utility providers (and any other direct debits you have set up for bills) about who is now responsible. 
House insurance if the property will be left empty for longer than 30 days. 

Probate if needed can wait - you often hear about the executor year - but (for example) if you know which funeral director you want to use, you could ask them about the practicalities before making any decisions. 

elsien

Handy list here - Information guide: How to be an executor | Age UK

poppystar

I hear you don’t want to interrupt your daughter’s gap year but it will be affected should you die and it may help her to return home and be involved. Years ago in a similar situation but without immediate death being on the cards (and well before there was easy communication means) my parents were insistent they would not inform me of such an issue so as not to ‘spoil’ my travel. From my point of view it felt cruel and I worried most of the time I was away that something might have happened and I’d only know when I set foot off the plane! None of this enhanced my enjoyment of being away. Losing you will only happen once and it may be that she would want full involvement and it might even be cathartic. It is hard work but not everyone finds that worsens the grief, some find relief in  being thrown into it.

On the subject of what needs to be done. Someone else would have to register your death as I’m pretty sure that won’t be possible by long distance calls (someone else might know). The house needs securing, insuring as an empty property and utilities need informing. Banks and financial institutions need to be informed and accounts will be frozen. A funeral needs to be arranged unless you have opted for direct cremation. It would be hard to do a lot of this from abroad and be time consuming and stressful doing it at a distance.

Do you totally trust SO? The house and any valuables or sentimental things would be left with him having access. Is there any danger that he would become a squatter in effect and your daughter would have problems getting possession? 

Obviously you and your daughter know each other best and need to make the decision together but whatever is decided ensure that she knows where all the paperwork is, has a good grasp of all your regular outgoings, knows who your solicitor is if you have one. You may have already done this given your situation, apologies if so. 

One other thought is whether you have contact with any charity/MacMillan/ similar who may have had people experience similar situations before and can give you more pointers. It is possible that there might be a key person to liais with your daughter after your death whether she is in this country or abroad. 

If your daughter does go and decides not to return I would also recommend there being one key person in the UK that you both trust who can communicate with her and give support. Often too many people will try to ‘help’ who all have different views, priorities and differing ideas of their own importance in the process!

RAS

Hi, you need legal advice on the situation regarding SO, as it would be I credibly easy, in law, for them to remain in the property and refuse to leave when your daughter got home. We've seen some shocking instances of family members turfing an SO out with 2 hours notice, and of SOs proving resistant to leaving the house.

It may actually be an idea to leave them the right to remain, but not exclusive possession, for a few months but you need to talk to a lawyer skilled in family and tenant law.

You also need to discuss with your daughter who she wants to contact her if you die whilst she's away.

You may not want another executor but your daughter can grant power of attorney to someone she trusts to handle her affairs whilst she is overseas, who would fulfil the basic roles of an executor in the earliest days. Notify tell us once and banks, pensions, secure valuables and family treasures etc. Once those first few days are over, a lot depends on whether and when your daughter wants to come home.