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

Alphatauri

I am sorry for your situation. 

The honest answer is no, a sole executor can’t be completely absent for weeks/months after death.  What they could do is return and sort out the funeral and initial practicalities etc. Once they have done the initial practical arrangements then they could resume their travels as planned. 

If there is IHT there is a 6 month time limit. Probate etc can then wait until they return at the end of their travels.

What you can do is continue to be pragmatic and sort out as much of the practical side now. For example my Dad wrote his own funeral service so all we had to do was hand over to the funeral directors and minister. A list of people you want notified/ told about the funeral with their contact details.  A spreadsheet/table with details of all household bill providers with reference numbers, details of all savings and investments, details of any debts etc.



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Marcon

justus111 said:

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.

Having just one executor is rarely a good idea - what happens if anything happens to them?

You say she wouldn't trust anyone, but a solicitor (especially if you have an established family lawyer you've used for other matters) as co-executor can be an absolute boon in this sort of situation. It's fashionable, particularly on this forum, to knock them as slow and expensive, but that tends to overlook the very real advantages of having an insured professional who knows the ropes - and the vast number of times their involvement doesn't require a trip tp social media to squawk about their conduct.

justus111

elsien, I looked at that one , there is no answer to my questions there. Thank you for confirming it does not have to be my daughter who registered the death.
I will sort money - there is an account that they both would have an access to , I can move some money there. As I said before , my SO will stay here ( that's the plan) so property is not going to be empty.
Poppystar , nobody planned to withhold any info from daughter.Again, as I said before , my SO would be living here. I don't totally trust anyone - if a SO would have that LOW trust level than why he would be an SO? If something untoward happened it will be up to my daughter to deal with, I think the probability of it happening is so low it is not worth me thinking about it/changing anything. If I thought probability is to be considered I don't think we would continue as a couple at all. Hope it does make sense. They live together now, they are miles closer than anybody else would be so of course he would be her "key person". Those cancer charities were as useful to me as a chocolate teapot and I am 99.9% sure they would not know the answer to my query so I will not even try. 
Yes I have drilled into my daughter the places of paperwork, passwords etc.
RAS, I WILL NOT contact any lawyers. In fact I don't like people telling me what "I need". If you think about it it is not the right language. Yes I thought about  my daughter appointing other executors  - the issue is how it needs to be done/certified/communicated when she is abroad and limiting his power -too much hassle unless someone who has done it and can confirm it is easy can talk about it. That's the point, I don't think you have to be executor to do" notifies once" etc and you can do it online anyway. I did not understand your sentence about leaving them the right to remain", sorry - in view of me not going to lawyers I do not think it matters. The idea is for SO to stay here until my daughter knows what to do with money from house sale and sells it (likely to be after her year ! at uni) but who knows. He may want to leave sooner - it will be up to daughter than to deal with it.

justus111

Alphatauri said:

If there is IHT there is a 6 month time limit. Probate etc can then wait until they return at the end of their travels.




, 

what do you mean by that? According to my understanding to get inheritance she needs to provide estimates of assets which in turn would make it clear wether there is IHT and pay that IHT. Exactly what can be sorted after. 6 months for what?

justus111

JamesRobinson48 said:

justus111 said:

Alphatauri said:

If there is IHT there is a 6 month time limit. Probate etc can then wait until they return at the end of their travels.




, 

what do you mean by that? According to my understanding to get inheritance she needs to provide estimates of assets which in turn would make it clear wether there is IHT and pay that IHT. Exactly what can be sorted after. 6 months for what?

In general the deadline for paying any IHT is six months. Interest charges upon the estate start to accrue after that. 

OK. it does mean that the location and valuation is better done within that time frame then. I do not see what else is to be done in the whole process after.

bobster2

justus111 said:

JamesRobinson48 said:

justus111 said:

Alphatauri said:

If there is IHT there is a 6 month time limit. Probate etc can then wait until they return at the end of their travels.




, 

what do you mean by that? According to my understanding to get inheritance she needs to provide estimates of assets which in turn would make it clear wether there is IHT and pay that IHT. Exactly what can be sorted after. 6 months for what?

In general the deadline for paying any IHT is six months. Interest charges upon the estate start to accrue after that. 

OK. it does mean that the location and valuation is better done within that time frame then. I do not see what else is to be done in the whole process after.

After the IHT is paid - an executor can obtain probate. Once probate is granted the executor can then gain access to bank accounts etc and start paying debts/bills etc and selling property before finally distributing the funds to beneficiaries.

user1977

justus111 said:

my daughter was planning to go to another part of the world far from civilisation

Meaning what exactly? If she can connect to the internet and receive post/couriers for anything physical which she needs to sign, it doesn't sound an unsurmountable problem (albeit something which will make things more awkward and prolonged). If she's genuinely incommunicado (or constantly on the move) then it may be more of an issue.

justus111

 Post there is an issue in the best of cases, let alone for someone constantly on the move.Bobster, keeping in mind the executor is the same as beneficiary and I do not have debts in practice there would be nothing for her to do than administering assets - the same as she would do with her own.
I think I got it - nobody can pinpoint exactly what she could not do that ( and I could not) so assume there is not. Thank you

silvercar

Alphatauri said:

I am sorry for your situation. 

The honest answer is no, a sole executor can’t be completely absent for weeks/months after death.  What they could do is return and sort out the funeral and initial practicalities etc. Once they have done the initial practical arrangements then they could resume their travels as planned. 

If there is IHT there is a 6 month time limit. Probate etc can then wait until they return at the end of their travels.

What you can do is continue to be pragmatic and sort out as much of the practical side now. For example my Dad wrote his own funeral service so all we had to do was hand over to the funeral directors and minister. A list of people you want notified/ told about the funeral with their contact details.  A spreadsheet/table with details of all household bill providers with reference numbers, details of all savings and investments, details of any debts etc.



, 

As far as I know there is no law compelling someone to return to the UK. 

Sorry for your situation, it makes your daughter going off on her gap year a difficult good bye.

bobster2

justus111 said:

 Post there is an issue in the best of cases, let alone for someone constantly on the move.Bobster, keeping in mind the executor is the same as beneficiary and I do not have debts in practice there would be nothing for her to do than administering assets - the same as she would do with her own.
I think I got it - nobody can pinpoint exactly what she could not do that ( and I could not) so assume there is not. Thank you

When I mentioned debts - I didn't mean outstanding loans etc.

Usually when someone dies there will be all sorts of small amounts owed to an estate - and all sorts of small debts to be paid.

As things go in and out of bank accounts at different times during the month - following a death there will usually be a whole range of overpayments and underpayments - relating to things like pensions, utility bills, phone contracts, memberships, contracts, service providers, HMRC etc. Some companies/organisations that owe money to the estate - and others which are owed money.

Some of these can be dealt with on the phone / via email. Other organisations tend to send letters and want hard copies of things like the death certificate / grant of probate.

Moreover, the grant of probate is a physical document that the executor needs to receive in the post to start dealing with a lot of this.