Grandmothers Funeral Costs Grant of Representation

tododo · 18 June 2018 at 12:18PM

Hi all

My grandmother died in January and I have been trying to sort out the Grant of Representation for my mother ever since!

My uncle (mothers brother) died 6months before my grandmother

Theres only around 12k in an account but weve only just found out that it looks like my uncles 3 grandchildren will now step into my uncles place and split that 6k most likely

My mother is not too happy as she ideally wanted that money to go to the wife of my uncle and not the kids really as they didnt really do much or visit when my grandmother was alive

Plus my mother paid for the funeral costs too

Is there any way we cant get the funeral costs back or split it - the only thing I can think of is just by asking them really

Flugelhorn · 18 June 2018 at 1:15PM

The costs of the funeral should come out of the amount of the estate first - before it is divided up between beneficiaries

TcpnT · 18 June 2018 at 2:51PM

If your mother obtains the grant of representation it will be her responsibility to administer the estate according to the rules of intestacy. From your wording I assume that there is no will.

She will be able to claim the money in the bank account and reimburse herself for the funeral expenses. Assuming there are no other debts or expenses for the estate it will be up to her as the administrator to divide the remaining balance according to the rules of intestacy. I assume you mean uncle's children rather than grandchildren? In that case the remaining funds will be split 50/50 between your mother and the three children. I do not believe that uncle's wife is automatically entitled to anything.

Robin9 · 18 June 2018 at 3:11PM

tododo wrote: »

........................ she ideally wanted that money to go to the wife of my uncle and not the kids really as they didnt really do much or visit when my grandmother was alive ............

Wishes and wants are not enough ............. in the absence of a will from your grandmother and also of your uncle then intestacy rules apply.

Savvy_Sue · 18 June 2018 at 9:11PM

How old are the uncle's children?

Were both grandmother and uncle living in England when they died?

Which funeral did your mother pay for? Uncle, Grandmother or both? The cost of uncle's funeral comes from whatever he left, and the cost of grandma's funeral comes from whatever she left, THEN whatever they left is shared according to the laws of intestacy, in the absence of valid wills.

tododo · 19 June 2018 at 7:44PM

My uncles kids are all over 18 - we are in Wales too
My mother paid for my grandmothers funeral only out of her own money- nearly 5k in total

No-where have I seen anywhere that they can split the cost of the funeral - not yet anyway

And yeh we know wishes and wants are nothing to do with us really the rules are the rules and Ive advised my mother on that

Shes pretty peeed off even though its not a big sum really - but it would be life changing almost for my aunt if she had the money instead of her kids

Thanks for advice all too! Appreciated for the time

oh and by the looks of it the probate people want the name of the grandchilden (my uncles kids) and date of births

I assume that is because they will also need to go with my mother and swear and oath?? Not sure how it works

Owain_Moneysaver · 19 June 2018 at 8:48PM

tododo wrote: »

No-where have I seen anywhere that they can split the cost of the funeral - not yet anyway

And yeh we know wishes and wants are nothing to do with us really the rules are the rules and Ive advised my mother on that

The funeral cost is not 'split - it is paid as a debt by the executor or administrator of the deceased's estate. After all debts are settled, what's left is paid in accordance with the Will or the law of intestacy.

Only the executor/administrator swears the oath.

The executor/administrator must follow the Will or the intestacy laws to the letter[1]. Failure to do so can result in personal liability or criminal prosection.

[1] Unless a Deed of Variation is obtained from all beneficiaries agreeing to any change.

tododo · 19 June 2018 at 9:12PM

Ok thanks again I understand now

Can I then put this question to you

The headstone / grave is in a bit of a state and really we wanted to put a new headstone on at the time of the funeral but there wasnt time

We did ask my grandmother if we could do it when she was alive but she stated that she would rather do it after her time - so its her last request in a way - grim I knoow

if we were to try and sort out a new gravestone now before we get the grant of representation could that also be taken from the estate as a debt do you think??
Thanks again everyone

Owain_Moneysaver · 19 June 2018 at 9:25PM

It could be, but I'd check with the beneficiaries, as (a) it'll come out of their inheritance (b) they probably inherit the existing headstone and rights to the plot anyway.

Flugelhorn · 19 June 2018 at 9:56PM

I think you need to check up on what the estate administrator has to do and be careful to keep accurate records as you may need to explain to beneficiaries what you have done.

Doesn't need to be complex - just a list of the credits ie money in accounts / policies / premium bonds / cash / valuable etc

Then a list of the expenditure - which is usually the funeral, any debts, bills, overpaid pensions etc etc

What is left at the end gets divided up in the defined way.

oh and by the looks of it the probate people want the name of the grandchilden (my uncles kids) and date of births

I assume that is because they will also need to go with my mother and swear and oath?? Not sure how it works

Yes you need to put the info on the form but it is just to clarify that that there are relatives, they won;t be contacted to go and swear anything, only the person applying for the grant needs to go.

PS have you actually checked that you need a grant - often don't for smaller estates - some banks will allow you to receive up to £40K with sight of death cert and family tree etc with no need for the grant

tododo · 20 June 2018 at 9:48AM

Yeh Ive called the post office where the money is and they said as its over 10K - (we think maybe 12k) is in there at most and they said that we need a probate

They also mentioned that other places the limit maybe 20K but for them its 10K

Pain in the neck!

Thanks again everyone - really helpful

Grandmothers Funeral Costs Grant of Representation

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