Losing a loved one is a deeply emotional experience and dealing with the practicalities that follow can feel overwhelming. This short guide outlines some of the key steps following a relatives death.
Registering the Death:
The first crucial step is to officially register the death. This responsibility typically falls to the next of kin or an executor named in the deceased’s will. You will need to obtain the necessary documentation and register the death with the relevant authorities.
Arranging the Funeral:
Once the death has been registered, you can begin making funeral arrangements. It’s important to note that funeral directors’ bills can usually be paid directly from the deceased’s bank or building society accounts, provided there are sufficient funds available.
Determining if There is a Will:
The existence of a will significantly impacts how the estate is managed. If a will exists, it will name the executors – the individuals legally entitled to handle the estate. The role of an executor is significant, carrying personal liability and responsibility to the beneficiaries. If you have been named as an executor and feel unsure about the process, seeking legal assistance is advisable.
If the deceased did not leave a will, the law dictates who will inherit the estate. This process, known as intestacy, can sometimes be complex, and seeking legal advice is highly recommended to understand the specific circumstances and ensure the estate is distributed correctly.
Understanding Probate and Letters of Administration:
Probate is the legal process of proving the validity of a will and granting the executors the authority to administer the estate. The official document issued is called a Grant of Probate. When there is no will, a similar legal process called Letters of Administration appoints individuals (administrators) to manage the estate. You can apply for the Grant yourself or through a solicitor by contacting the Probate Registry.
Considering Inheritance Tax:
It’s essential to be aware of Inheritance Tax (IHT). Everyone has a tax-free allowance, known as the nil rate band, which is currently £325,000. Additionally, since April 6th, 2017, a Residence Nil Rate Band may also apply, although its applicability can be complex and depends on individual circumstances. Inheritance Tax, if applicable, is currently charged at 40% on the value of the estate above the relevant thresholds and must be paid within six months of the end of the month in which the death occurred before a Grant of Probate or Letters of Administration can be obtained
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