Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Julesiep
    • By Julesiep 16th Jan 20, 7:54 AM
    • 178Posts
    • 123Thanks
    Julesiep
    Handling probate/letter of administration myself
    • #1
    • 16th Jan 20, 7:54 AM
    Handling probate/letter of administration myself 16th Jan 20 at 7:54 AM
    Hi. Sadly my husband died on 3rd January following a RTC before Christmas, he was just 38. My husband didnít leave a will and had quite a few debts but on the face of things, no estate. As a business director with only a few years accounts he could not go on the mortgage and he had no savings. I have been left with very little money and cannot work as I no longer have childcare, as a nurse working shifts nurseries etc are not possible. Anyway I was looking at applying for a letter of administration myself as I was his wife so looks quite straight forward. I am trying to work out what is classed as estate and needs to go towards his debts and what I am entitled to. We had a first to died life insurance policy to cover our mortgage, he gets a 30k payout from his tradesmen policy for personal accident and there is also possibly an extremely small lump from his pension. I may be able to claim on the drivers insurance for his death too, but I am waiting for the police to finish their investigations first. None of these appear to be part of his estate, is that correct. I also get his shares of the business but that is going to be liquidated as he died without finishing a massive job which had maxed out trade accounts. I am just hoping it is not too complicated for me, really cannot afford a solicitor and had resorted to crowdfunding to pay my bills and his parents are paying for the funeral
    JULES
    DMP:LBM May 2008 £50,970.68
    December 2013 £0
    thanks to Stepchange
    PPI reclaimed £13,157.58 thanks to MSE and Martin
Page 1
    • Malthusian
    • By Malthusian 16th Jan 20, 9:46 AM
    • 7,356 Posts
    • 11,822 Thanks
    Malthusian
    • #2
    • 16th Jan 20, 9:46 AM
    • #2
    • 16th Jan 20, 9:46 AM
    Do not apply for letters of administration. If you receive any correspondence from his creditors, reply to say that the estate is insolvent and that nobody is administering it.

    You are correct that life insurance policies and pension policies are outside the estate (unless they pay the proceeds into the estate, which hopefully won't happen here) so you should contact both insurers and the pension company with a copy of the death certificate and inform them that you want to claim on the policies as his wife.

    I also get his shares of the business but that is going to be liquidated as he died without finishing a massive job which had maxed out trade accounts.
    Only if the shares are jointly held as belonging to "Mrs & Mr Julesiep". If e.g. half the shares are in the name of "Mr Julesiep" then forget about them - they are part of the insolvent estate and the creditors should be left to deal with it if they want to administer it.

    Are you a director of the company? If not you can just forget about the company and write off any shares you own personally. If you are a director you have more responsibilities.

    His funeral costs have priority over creditors, so if there are any assets in the estate at all, your parents can claim their costs from the estate.

    Sorry for your loss. Do not apply for letters of administration, or start anything that could be construed as an administrator's job, known as "intermeddling", as then you will have to finish what you started and could be liable for his debts. (Intermeddling does not include arranging the funeral, or dealing with his life insurance and pensions, as these sit outside the estate.)

    The Benefits board may be able to help with claiming any benefits you are entitled to. As a homeowner you may not pass means testing, but I'm not an expert so you should investigate.
    • xylophone
    • By xylophone 16th Jan 20, 11:01 AM
    • 32,002 Posts
    • 19,877 Thanks
    xylophone
    • #3
    • 16th Jan 20, 11:01 AM
    • #3
    • 16th Jan 20, 11:01 AM
    This must be a terrible time for you and the rest of the family and you are probably numb with grief - do nothing in haste.

    Just to be clear on the house/mortgage question.

    You say that he could not go on the mortgage - you were therefore the sole borrower and also sole proprietor?

    Or were you joint tenants/tenants in common?



    See https://www.nationaldebtline.org/EW/factsheets/PDFs/dealing-with-debt-when-someone-dies.pdf

    With regard to the accident policy, check with the insurer on whether or not the proceeds are paid outside the estate.

    The life insurance and pension payments should be outside the estate but check.


    I also get his shares of the business but that is going to be liquidated as he died without finishing a massive job which had maxed out trade accounts.
    Your husband was sole shareholder/director of a limited company? The debts are company debts?
    • wizzywilc
    • By wizzywilc 16th Jan 20, 4:41 PM
    • 33 Posts
    • 37 Thanks
    wizzywilc
    • #4
    • 16th Jan 20, 4:41 PM
    • #4
    • 16th Jan 20, 4:41 PM
    My condolences. As others rightly say, don't rush in. But please do go and get advice and claim any benefits you are entitled to as soon as possible. Your local Citizens Advice will be able to help or you could look at https://www.gov.uk/benefits-calculators.The value of your home is not taken into account in calculating means tested benefits.
    You will have enough to cope with without racking up debts, so please claim what you are entitled to.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

4,195Posts Today

8,146Users online

Martin's Twitter