What to do when someone dies
This is a basic guide to Probate, which provides information about what to do to settle the affairs of someone who has died.
There are two main stages to dealing with a deceased’s estate
Firstly, obtaining the Grant of Representation and secondly administering the Estate:
Stage 1 – Obtaining the Grant of Representation:
- You will need to complete a statement or application form which will confirm that you are the correct person to deal with the deceased’s estate, and confirm certain details about the deceased such as their name and date of birth.
- Next you will have to complete a tax form or two. In certain circumstances you will only have to complete a very basic tax form. In other circumstances, there are potentially several other forms you will need to complete and file formally with HMRC. HMRC can take several weeks or even months to approve these forms.
- Then you can apply for the Grant of Representation which will normally take around 4 weeks to return to you. This document certifies that you are entitled to sign things in relation to settling the deceased’s estate (e.g. getting money out of bank accounts, selling property owned by the deceased)
Stage 2 – Administering the estate:
- You are now carrying out the wishes of the person who died. If they left a Will then you should follow what the Will says. If they didn’t leave a Will, then there is some guidance here.
- You will need to gather in assets of the estate (get money out of bank accounts, maybe sell shares, maybe sell property), pay off any debts of the estate, and distribute what’s left according to the Will or rules of intestacy. You will also have to send a copy of the Grant of Representation to certain organisations so they can amend their records to show that the person has died. You may well also have to file more tax returns with HMRC. This process can take anything from a matter of days to many years depending if there are properties or businesses to sell or if there is a dispute.
What if someone disputes the estate?
Unfortunately this is a more and more common situation and can make an already difficult situation even harder to cope with.
There are different types of disputes that may arise that we can help with
The Will contains surprises
This could be where somebody has been left little, or nothing, under a Will, but expected more. Or, the Will could say one thing but actually (legally) means another. In some circumstances, the deceased may have been pressured in some way, or perhaps wasn’t in their right mind when making their Will, which can cause some issues after the death.
Those who benefit in the Will may not happy with how the estate is being handled.
Managing a deceased estate can sometimes be very complicated, time consuming and can involve updating and many people.
Get in touch, we can help you with the Probate services you need
We offer a free consultation and you can make an appointment to speak to us by calling 01623 45 11 11, emailing probate@fidler.co.uk, making an appointment in person, at our offices, by video call or in the comfort of your own home.
