Frequently Asked Questions

Who is responsible for arranging and paying for a funeral or cremation?

People named in the deceased’s Will as Executors (or the deceased’s nearest relative if there’s no Will) are primarily responsible for arranging their funeral. The costs can be recouped from the assets left behind by the deceased (their ‘Estate’) however sometimes a person dies without leaving enough money to pay for the funeral. If this is the case, then relatives would normally be expected to meet the costs.

The Executors should check to see if the deceased had taken out a private funeral plan, a funeral or life insurance policy that will pay out for funeral costs, or a workplace or personal pension scheme that offers a lump sum payment towards funeral expenses.

Whilst banks may temporarily freeze the deceased’s bank account, they will be prepared to release funds to help pay for a funeral.

What if there’s no Will in place?

If a person has died ‘intestate’ (without a Will), then the law will be applied to administer and divide up the estate, without the need for an Executor. In this case, contact us and we can carefully explain what happens next.

What if there’s a Will but it cannot be found?
We will work with you to compile evidence to produce to the Probate Court in an effort to prove what the Will said and that it was signed lawfully. If satisfied with the evidence we produce, then the Court will usually allow the terms of the missing Will to stand.

What happens with gifts to children?
Where a Will (or intestacy) results in a gift to children who are under the age of 18, a Trustee will usually need to be appointed. The trustee will manage and protect the gift on the child’s behalf until they reach 18 (or older when a later age is specified in the Will).

How long will it take to administer an Estate?
It might be possible to sort out a relatively simply Estate with no inheritance tax to pay in a couple of months. In more complex cases it might take longer, sometimes a year or more before the whole process has finished.

Going through the deceased’s paperwork and contacting all the appropriate organisation involved can be laborious and time-consuming, however if you are worried about legal costs then we are happy to advise only on the more complex issues (such as completing inheritance tax forms and calculations), if you have the time to deal with the less complex issues.

When is inheritance tax payable?
Generally this tax payable where the total value of the Estate (property, possessions and money) is over the minimum tax-free figure.

There are exceptions. Gifts to your husband/ wife or civil partner are tax-free. Also, if your husband/wife/civil partner died before you, any unuse tax-free allowance can be passed on to the surviving partner to reduce the tac payable when they die. There are also special rules covering gifts to charity when can reduce the amount of tax due.

Some inheritance tax must be paid before probate is granted, which may cause cashflow problems. Your Lawyer will be able to discuss options which may include arranging a bank loan or advancing money from the Estate to pay for this.

For more information check out our comprehensive guides.