Dying intestate

[CYNthesys]

Quick query

I understand the basic rules on intestacy, but if anyone could clarify the following for me please-
If a single divorced person of modest means dies without making a will would his next of kin, eg son/daughter need to apply to become his personal representative, before being legally entitled to administer his affairs, or are there any monetary thresholds that apply

Also would the deceaseds bank be prohibited from disclosing his personal account info until such time that a personal representative is appointed

Also

[des8]

Re: Dying intestate

If the estate is valued as "small" no grant of representation is needed for the estate to be dealt with if it does not include land, property or shares.

Banks all have their own limits on what they will release without probate.
The person dealing with the estate will have to show their right to deal with the estate, and have to sign a letter of indemnity (just in case something pops out of the woodwork later).

A couple of years ago my OH dealt with her late aunt's estate (cash only net about£15000) without any problems.

see here< https://www.gov.uk/wills-probate-inheritance/overview
"6 You don’t normally need a grant if the estate either:

• passes to the surviving spouse/civil partner because it was held in joint names, eg a savings account
• doesn’t include land, property or shares"

[CYNthesys]

Re: Dying intestate

deceased had 3 children, and youngest is administering deceaseds affairs, so how can youngest show it is their right to deal with the estate as they are 1 of 3 children of deceased
Would the other 2 children need to authorise child 3 to act

[Anthony72]

Re: Dying intestate

I think the fact that they are a child, also who registered the death , was it this person.

Banks will often pay out to the funeral directors if needed as I know in the modern era of big business they often want payment up front.

Do the siblings get on? If so maybe a signed letter from the others would help

[CYNthesys]

Re: Dying intestate

Modest amount in Bank and a couple of modest insurances,
if an official personal representative is not required in the absence of confirmation from his siblings how would the child who is managing deceaseds affairs prove that they are entitled to act

[des8]

Re: Dying intestate

I assume the children are now adults!<br><br>Most likely the bank won't query it, if youngest rolls up with proof he/she is child of deceased, death certificate and proof of their own identity.<br>Ask for bank to open new account to allow offspring to deal with late parents estate and there shouldn't be a problem (at least that has been our experience, but each bank has their own security rules, so just ask)

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Modest amount in Bank and a couple of modest insurances,
if an official personal representative is not required in the absence of confirmation from his siblings how would the child who is managing deceaseds affairs prove that they are entitled to act

The bank will probably not even ask if there are siblings

[CYNthesys]

Re: Dying intestate

Yes the children are all adults, would insurance companies apply the same rules as Banks?
The Bank refused the paying-in of a Cheque the deceased wrote out a couple of days before he passed away as the account was effectively frozen on deceaseds death

[des8]

Re: Dying intestate

Insurance companies run much the same security checks as banks.
OH obtained payout from a pension fund without any trouble (it was actually run by CAPITA who wanted all sorts of OH's personal details which we refused to give viewing who they were! )

The cheque needs to be returned to the drawer with a request that it be redrawn in favour of the person handling the estate. Again, depending on who it is, you may have to provide death certificate and details of person administering the estate.

[CYNthesys]

Re: Dying intestate

it was a cheque deceased made out to HMRC that Bank refused to accept

[des8]

Re: Dying intestate

In that case person administering the estate will need to contact HMRC and ask them to send a new demand to administrator so that it can be paid in due course as the estate is settled.


Any of these people could in theory refuse to deal with administrator unless he obtains grant of representation.
If amounts are small it is unlikely tho'

[CYNthesys]

Re: Dying intestate

Des, Im a bit confused
The link youposted says that when someone dies youll need to get the legal right to deal with their property, money and possessions. It also says that you dont normally need a grant if the estate doesnt include land, property or shares.
Am I right in assuming that the term property includes money, cars, jewellery etc.
Also are we talking about gross or net estate?

[des8]

Re: Dying intestate

Property in this context refers to real property (ie land and things fixed to land) as opposed to personal property or chattels.
Probably gross as the net isn't known until the estate is settled.

[CYNthesys]

Re: Dying intestate

Do HMRCs forms still need to be completed if the deceased's net estate is only a couple of thousand or so

[des8]

Re: Dying intestate

HMRC forms need to be completed in every case!
If there's no tax to pay the form is IHT205 https://www.gov.uk/government/public...on-iht205-2011

[CYNthesys]

Re: Dying intestate

hmmmm, another question
If intestate deceased was a sole trader would the family member dealing with his affairs be able to submit his accounts to HMRC with out 1st obtaining a grant of representation