Recent Articles

What to do when someone dies

We are often contacted for initial advice on dealing with the administration of the estate immediately following a death. If the deceased left a will, the person legally responsible for handling the estate is the executor appointed by the will. If the deceased left no will, then normally the spouse, children, or the nearest relative may contact us for advice as to what to do.

Initially we would advise the caller to register the death with the local registrar of births and deaths. The hospital where the person died or the GP surgery will be able to advise where the registry office is situated for that local area. In most areas you have to make an appointment to see the registrar to register the death.

The family or the executors will also contact a local undertaker, who will put in hand the funeral arrangements, working closely with the family. The undertakers will be able to give advice in relation to possible cremation or burial, and the costs involved. Sometimes the deceased has a prepaid plan in place with the undertakers and may have left instructions and funeral wishes. It should be noted that these funeral wishes are not binding on the executors. However, normally, the funeral wishes are followed unless there are good reasons not to do so.

It is advisable to contact any pension providers as early as possible, so that the payment of pensions can be stopped and if there is a widow or a widower arrangements can be made for the pension to be paid to him or her. It is also advisable to remove any valuables from the deceased’s property, and read the gas and electricity meters. In due course all the utility companies and the local council tax office will need to be notified of the death. One very important thing often overlooked is the buildings/contents insurance. The insurer should be notified as soon as possible of the death of the policy holder because this is a material fact and could affect the validity of the insurance.

It is possible to pay the funeral account directly from the deceased’s bank account. However, banks and building societies are not willing to release funds for any other expenses apart from inheritance tax until such time that a Grant of Probate has been obtained.

In certain circumstances if the value of the estate is very low, i.e. less than £10,000, it is sometimes possible to deal with the estate by way of small estates indemnity and a grant of probate may not be necessary.

You can find out further information about the administration of estates from the HM Courts Service website which is

www.hmcourts-service.gov.uk or from the HM Revenue and Customs website www.hmrc.gov
The telephone number for assistance with Probate and Inheritance Tax enquiries is 0845 302 0900

If you have any queries relating to administration of estates, or are unsure what to do when someone dies, please do not hesitate to contact our solicitors in West London:

Outi Hubbard DDI: 020 8735 9771 e-mail oh@hpwsolicitors.co.uk

Sarah Willcox DDI: 020 8735 9772 e-mail sw@hpwsolicitors.co.uk