Basic guidance following death of wife

Cobbler_tone

Someone close to me has just lost their wife after illness, which involved 3 months in a coma.
They separated 15 years ago, both owned their own homes but remained very close throughout (as friends) and have no children. The wife has her mother and brother, with no other family. They had plans to move away and end their days together after he retired, which he now has but then her illness took over.
Importantly (maybe) they had no will. I think it is why they never divorced. Whilst this may seem 'unusual' I have learnt through life that there are a variety of relationships out there!

The husband made a significant journey every day to visit for 3 months and it will be left to him to deal with the practicalities of dealing with her house and affairs.

Q's....the funeral arrangements are in hand.

1. Should the first step be to contact a solicitor? I pointed him to 'Tell us once'.
2. Would things naturally flow through to him as the benefactor?

TBH, he has no interest or need for the proceeds and sorting out the practical stuff is going to be a real emotional challenge for him. I know if her mum stepped in he would hand everything over but she is elderly and self sufficient. Not sure if the brother will come forward but he hasn't been too interested throughout. We know how things can turn when there is a significant amount of cash in question.

DullGreyGuy

Rules of intestacy would leave the estate to the spouse if there are no children. 

You can use https://www.gov.uk/inherits-someone-dies-without-will to check the specifics 

He is free to redirect some or all of the estate to others if he wishes. 

RAS

Why do you think the husband needs to talk to a solicitor?

In the absence of a will, the estate is intestate and goes to the husband, even if they had a divorce nisi (not absolute). 

What is the value of the estate? Did the deceased have any pensions?

Keep_pedalling

I would not appoint a solicitor to handle any estate unless it was a complex one or one where there are beneficiaries who are at loggerheads with each other. This does not seem to be the case here. This is not just about the cost of having a professional administer the estate, with a solicitor involved everything will take much longer.

Under the laws of intestacy he inherits everything, so he is the most appropriate person to apply for letters of administration. It is not that difficult, and because everything is covered by spousal exemption no IHT return is required. but you should tell him that he can get plenty of help here if he needs it so he should join the MSE forum.

The initial priorities should be to-

Inform her main bank of her death so the her account can be frozen with no payments going in or out.

Arrange insurance for her house.

Inform the local authority of her death. Unless someone else is living in there it you are entitled to council tax exemption for the period of estate administration and 6 months after letters of administration are obtained. 

Inform all utilities of her death.

If she was in receipt of any private pensions he should contact the administrators to inform them.

If he also does not have a will that is something he should see a solicitor about. 

Cobbler_tone

RAS said:

Why do you think the husband needs to talk to a solicitor?

In the absence of a will, the estate is intestate and goes to the husband, even if they had a divorce nisi (not absolute). 

What is the value of the estate? Did the deceased have any pensions?

Hence the question.

No idea on the value of the estate. The house will be a couple of hundred thousand but no clue on savings and pensions etc, she hadn't worked for 25 years+ due to serious illness.

No steps towards divorce so sounds relatively straight forward in that respect. He will only have siblings to leave his estate to, assuming he outlives them, or decides on a will to leave to charity.

As the house (and no doubt accounts) will be in her sole name, I'm assuming probate will be required?

Thanks for the replies all.

silvercar

No steps towards divorce so sounds relatively straight forward in that respect. He will only have siblings to leave his estate to, assuming he outlives them, or decides on a will to leave to charity.

If she has siblings or niblings, he may decide to live some of what he inherited from her to her siblings.

Cobbler_tone

silvercar said:

No steps towards divorce so sounds relatively straight forward in that respect. He will only have siblings to leave his estate to, assuming he outlives them, or decides on a will to leave to charity.

If she has siblings or niblings, he may decide to live some of what he inherited from her to her siblings.

He may do, he doesn't need any financial support, I doubt the sibling does either. At this point he can't think anything, other than getting through the day and being asked to pick clothes for the funeral etc.
I'm just trying to gather some practical advice for when the time is right because I know he will come to me.

Keep_pedalling

Cobbler_tone said:

RAS said:

Why do you think the husband needs to talk to a solicitor?

In the absence of a will, the estate is intestate and goes to the husband, even if they had a divorce nisi (not absolute). 

What is the value of the estate? Did the deceased have any pensions?

As the house (and no doubt accounts) will be in her sole name, I'm assuming probate will be required?

As there is no will. letters of administration will be required but the process is the same. 

Marcon

Cobbler_tone said:

TBH, he has no interest or need for the proceeds and sorting out the practical stuff is going to be a real emotional challenge for him. I know if her mum stepped in he would hand everything over but she is elderly and self sufficient. Not sure if the brother will come forward but he hasn't been too interested throughout. We know how things can turn when there is a significant amount of cash in question.

It's fashionable on this forum to advise against the use of solicitors, although how often that turns out to be good 'advice' is unknown. Looking at some of the answers, 'google and guess' doesn't always deliver - this thread being a case in point: https://forums.moneysavingexpert.com/discussion/6614191/appointing-representatives-for-under-18-beneficiaries-of-a-will/p1

Sometimes paying for someone else to do a job you don't want to be responsible for is a perfectly sensible course of action, especially if costs and timescale aren't critical. Much of the legwork is still going to be down to your bereaved friend, but at least someone else is looking after the 'legalities' - and most solicitors get it right most of the time. Don't forget that the squawking on a forum like this is often based on an incorrect understanding of the position, or is simply a reflection of the fact that there's nothing to post about when all has gone well.

Cobbler_tone

Marcon said:

Cobbler_tone said:

TBH, he has no interest or need for the proceeds and sorting out the practical stuff is going to be a real emotional challenge for him. I know if her mum stepped in he would hand everything over but she is elderly and self sufficient. Not sure if the brother will come forward but he hasn't been too interested throughout. We know how things can turn when there is a significant amount of cash in question.

It's fashionable on this forum to advise against the use of solicitors, although how often that turns out to be good 'advice' is unknown. Looking at some of the answers, 'google and guess' doesn't always deliver - this thread being a case in point: https://forums.moneysavingexpert.com/discussion/6614191/appointing-representatives-for-under-18-beneficiaries-of-a-will/p1

Sometimes paying for someone else to do a job you don't want to be responsible for is a perfectly sensible course of action, especially if costs and timescale aren't critical. Much of the legwork is still going to be down to your bereaved friend, but at least someone else is looking after the 'legalities' - and most solicitors get it right most of the time. Don't forget that the squawking on a forum like this is often based on an incorrect understanding of the position, or is simply a reflection of the fact that there's nothing to post about when all has gone well.

I think ultimately it will come down to his emotional capacity and desire to take it on. Even more so if the financial side of instructing a solicitor or any paid help is immaterial. I generally pay to take the stress out of many a situation where possible! 

Savvy_Sue

Marcon said:

Cobbler_tone said:

TBH, he has no interest or need for the proceeds and sorting out the practical stuff is going to be a real emotional challenge for him. I know if her mum stepped in he would hand everything over but she is elderly and self sufficient. Not sure if the brother will come forward but he hasn't been too interested throughout. We know how things can turn when there is a significant amount of cash in question.

It's fashionable on this forum to advise against the use of solicitors, although how often that turns out to be good 'advice' is unknown. Looking at some of the answers, 'google and guess' doesn't always deliver - this thread being a case in point: https://forums.moneysavingexpert.com/discussion/6614191/appointing-representatives-for-under-18-beneficiaries-of-a-will/p1

Sometimes paying for someone else to do a job you don't want to be responsible for is a perfectly sensible course of action, especially if costs and timescale aren't critical. Much of the legwork is still going to be down to your bereaved friend, but at least someone else is looking after the 'legalities' - and most solicitors get it right most of the time. Don't forget that the squawking on a forum like this is often based on an incorrect understanding of the position, or is simply a reflection of the fact that there's nothing to post about when all has gone well.

Never mind a solicitor, I'd thoroughly recommend finding a good, compassionate house clearance service / decluttering support - money well spent to me, as and when he's ready.