Writing a Will
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If there is a lawyer involved, they can execute. If not your estate beneficiaries should appoint a lawyer to execute. Name some executors, it's a hassle otherwise for those left
Burials, not really a will thing, there can be an accompanying Letter of Wishes where you can ask to be buried elsewhere.
Burials, not really a will thing, there can be an accompanying Letter of Wishes where you can ask to be buried elsewhere.
You appoint a solicitor to act as executor on your behalf.
You put in the will where you want to be buried but your executor/family don't have to abide by this.
You put in the will where you want to be buried but your executor/family don't have to abide by this.
As stated above a Solicitor can be appointed as an executor to your Will and in many cases they are mentioned in Wills as a last option executor if your stated and appointed persons no longer wish to act as executor or cannot act as an executor.
The complexity of a Will is nothing that a solicitor cannot figure out, after all that's what you are paying them for and its nothing they have not done before.
Burial/Cremation wishes can be put in a Will and/or a letter of wishes, but it is important that your family know what you want, it can be a difficult conversation, but it's one i had with my Mother & Father before they passed and one that i have had with my family about what i want, i have also put it all in writing, including what music i want played and where I'm to be laid to rest, which coincidentally is not in the Parish where i have spent my entire life.
Might I suggest contacting a solicitor and having a chat or at the very least go to the Citizens Advice, they are all there to help.
The complexity of a Will is nothing that a solicitor cannot figure out, after all that's what you are paying them for and its nothing they have not done before.
Burial/Cremation wishes can be put in a Will and/or a letter of wishes, but it is important that your family know what you want, it can be a difficult conversation, but it's one i had with my Mother & Father before they passed and one that i have had with my family about what i want, i have also put it all in writing, including what music i want played and where I'm to be laid to rest, which coincidentally is not in the Parish where i have spent my entire life.
Might I suggest contacting a solicitor and having a chat or at the very least go to the Citizens Advice, they are all there to help.
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Beware of the costs ripped out of an estate by a solicitor as an Executor, and that they are in no hurry to do it, or interested in getting your estate to your beneficiaries. Ditto if you use an Accountant as Executor. If there is any complexity the solicitors are very quick to bring in an expensive tax accountant.
If trusts and schemes are involved it can be a bit mind-boggling understanding the HMRC rules. HMRC tend to prefer folk to use a tax accountant, makes it easier for them and more likely to be right. If HMRC have to do the checking/donkey work of a non-specialist submission, they are alledgedly harder on the case and liabilities.
Certainly name several executors, sometimes they decline to do it after you're dead. It can then be very difficult, if at all to get, to get new ones appointed. Cannot recall, but I suspect, named beneficiaries cannot be elected as the new executors by the courts.
A "dead file" say on a secure memory stick, is a very useful thing for executors. Listing all assets, bank account details, insurance and other policies, pass codes, where paper docs are located, scanned copies thereof on the stick (birth certs etc), location of deeds. Someone trustworthy needs to know where this is of course. It might be wise to have two, so there is a check on anything claimed by a suspect executor.
Also check on what organisations need from an estate in order to release funds or documents, this can be a real sticking point. Some view this as a device to extract more money from the estate viz:.
Halifax retain a £1 charge on an estate when the mortgage is fully paid off (save the £1) when they hold the deeds for safe keeping. They then charge for a Halifax building insurance policy, on the grounds that it is safeguarding their (£1) interest in the property. It is billed to the dead estate, who cannot pay it until probate is granted, which can take years. In the meantime they charge interest on the unpaid bill. The Deeds dept then demand an original, not a copy, of the death certificate, which curiously keeps getting lost. In this way they can accumulate a substantial claim for unpaid debt and interest. Further, they then refuse to release the deeds to enable the property to be sold until they have been paid first.
It is often the case that the Executor has to have funds of their own to make it all happen, and eventually are able to reclaim their expenses from the estate, often over a year or more later. Solicitors and Accountants, if they fund this, add an interest charge (at what rate???).
There are firms who are set up purely perform the executor role, some are questionable, others are by honest people who have been stung like this themselves. I might use one of these myself.
Whoever you go to, do the detailed research, check references, nail down the rates, charges and time scales etc. first, in writing. Certain stages have an open timing, e.g. grant of probate request should be submitted within a given time, but award of same can vary. Tax submissions and replies can be determined with a max/min time envelope, ditto other actions (get or do a list of the stages/actions, find it ponline then tailor it to your estate - put it on the death file, the Executors/beneficiaries will thank you posthumously).
If trusts and schemes are involved it can be a bit mind-boggling understanding the HMRC rules. HMRC tend to prefer folk to use a tax accountant, makes it easier for them and more likely to be right. If HMRC have to do the checking/donkey work of a non-specialist submission, they are alledgedly harder on the case and liabilities.
Certainly name several executors, sometimes they decline to do it after you're dead. It can then be very difficult, if at all to get, to get new ones appointed. Cannot recall, but I suspect, named beneficiaries cannot be elected as the new executors by the courts.
A "dead file" say on a secure memory stick, is a very useful thing for executors. Listing all assets, bank account details, insurance and other policies, pass codes, where paper docs are located, scanned copies thereof on the stick (birth certs etc), location of deeds. Someone trustworthy needs to know where this is of course. It might be wise to have two, so there is a check on anything claimed by a suspect executor.
Also check on what organisations need from an estate in order to release funds or documents, this can be a real sticking point. Some view this as a device to extract more money from the estate viz:.
Halifax retain a £1 charge on an estate when the mortgage is fully paid off (save the £1) when they hold the deeds for safe keeping. They then charge for a Halifax building insurance policy, on the grounds that it is safeguarding their (£1) interest in the property. It is billed to the dead estate, who cannot pay it until probate is granted, which can take years. In the meantime they charge interest on the unpaid bill. The Deeds dept then demand an original, not a copy, of the death certificate, which curiously keeps getting lost. In this way they can accumulate a substantial claim for unpaid debt and interest. Further, they then refuse to release the deeds to enable the property to be sold until they have been paid first.
It is often the case that the Executor has to have funds of their own to make it all happen, and eventually are able to reclaim their expenses from the estate, often over a year or more later. Solicitors and Accountants, if they fund this, add an interest charge (at what rate???).
There are firms who are set up purely perform the executor role, some are questionable, others are by honest people who have been stung like this themselves. I might use one of these myself.
Whoever you go to, do the detailed research, check references, nail down the rates, charges and time scales etc. first, in writing. Certain stages have an open timing, e.g. grant of probate request should be submitted within a given time, but award of same can vary. Tax submissions and replies can be determined with a max/min time envelope, ditto other actions (get or do a list of the stages/actions, find it ponline then tailor it to your estate - put it on the death file, the Executors/beneficiaries will thank you posthumously).
Many people are buried in the town of their birth/upbringing rather than their current location.
Your executors will arrange all that. Just make sure that your chosen cemetery/authority will accept you and your requirements. These days many cemeteries are full and only accepting ashes - if that. Our Village one won’t do burials any more.
Moving a corpse any distance is a hell of a lot more hassle and expense than a jug of ashes.
I’m leaving everything to the children and they are the joint executors. - In the unlikely event that I survive my wife.
When I suggested that I want a direct cremation and to blow away in the wind, one of my executors aka eldest daughter, said,” you’ll get what you’re given. You won’t be there.”
Fair enough!
Your executors will arrange all that. Just make sure that your chosen cemetery/authority will accept you and your requirements. These days many cemeteries are full and only accepting ashes - if that. Our Village one won’t do burials any more.
Moving a corpse any distance is a hell of a lot more hassle and expense than a jug of ashes.
I’m leaving everything to the children and they are the joint executors. - In the unlikely event that I survive my wife.
When I suggested that I want a direct cremation and to blow away in the wind, one of my executors aka eldest daughter, said,” you’ll get what you’re given. You won’t be there.”
Fair enough!
Yes indeed it can. My father chose the Midland Bank that he’d worked for all his life. They charged a hell of a lot it seemed to us.
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I’ve just looked: Even charities such as the RSPCA can do it “under certain circumstances.” I suspect that they’ll want a legacy out of it at the very least.
Edited to add:
I’ve just looked: Even charities such as the RSPCA can do it “under certain circumstances.” I suspect that they’ll want a legacy out of it at the very least.
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Having been executor of both my parents wills and my brother’s I suggest that you choose someone that you know well and discuss it with them beforehand.
I knew I was executor for my parents, but in my brother’s case it came as a complete surprise.
As long as the executor is reasonably intelligent there is a lot that they will be able to accomplish quickly and easily which will save a great deal of money over appointing a bank or solicitor to do it.
Probate is pretty simple in most cases & not expensive. If the executor feels that they are not able to do any particular aspect of the job, they are allowed to pay a professional to do it and use money from the estate for that purpose.
It is quite a commitment in terms of time though.
I knew I was executor for my parents, but in my brother’s case it came as a complete surprise.
As long as the executor is reasonably intelligent there is a lot that they will be able to accomplish quickly and easily which will save a great deal of money over appointing a bank or solicitor to do it.
Probate is pretty simple in most cases & not expensive. If the executor feels that they are not able to do any particular aspect of the job, they are allowed to pay a professional to do it and use money from the estate for that purpose.
It is quite a commitment in terms of time though.
That is exactly what my wife did. She was one of two executors for her friend. She had never met the other one, a relative. He wasn’t a beneficiary but kept trying to get money out of the estate. Janet handed her role over to a solicitor and the relative had to deal with them. It was regrettable but an enormous relief.
All this of course is of no concern to the will writer; they won’t be there.
Just choose someone who is willing and capable. Oh and tell them to get five copies of your death certificate! They will need them.
At least five Death Certs, or more. Cheaper when you buy them in a single hit. Everybody wants an original certificate not a copy.
Council rates dept, Gas, Electricity, DHSS (Pension cessation - do it quick or they want to reclaim overpayments), Deeds holder, Private pension provider, Insurance Co, Funeral or other insurance costs cover, DVLA, Banks, ISA's, Building Scoc. mobile phone provider if monthly account, Shares details Etc etc it goes on, endless.
Which is why creating your memory stick death file is so useful, and a handy reminder for yourself as your memory starts to fail.
As part of my divorce I had to start making a list of just my financial stuff, and found that alone, was a lot of detail. (eg. as a minimum: Exact Name on account, number of account + Sort code, 2-step phone number associated with account, e-mail address associated, password/words/pin, start date, date and amount of any regular payment to or from it, on what date and to/from what banking account). Plus an approximate estimate of value therein, but not practical to keep it up to date with the right value.
Council rates dept, Gas, Electricity, DHSS (Pension cessation - do it quick or they want to reclaim overpayments), Deeds holder, Private pension provider, Insurance Co, Funeral or other insurance costs cover, DVLA, Banks, ISA's, Building Scoc. mobile phone provider if monthly account, Shares details Etc etc it goes on, endless.
Which is why creating your memory stick death file is so useful, and a handy reminder for yourself as your memory starts to fail.
As part of my divorce I had to start making a list of just my financial stuff, and found that alone, was a lot of detail. (eg. as a minimum: Exact Name on account, number of account + Sort code, 2-step phone number associated with account, e-mail address associated, password/words/pin, start date, date and amount of any regular payment to or from it, on what date and to/from what banking account). Plus an approximate estimate of value therein, but not practical to keep it up to date with the right value.
Round here the Registrar has a system set up whereby they can inform 'everyone' from pension to council, driving licence to free bus pass, that the person has died. It saves an awful lot of repeat form filling
Worth asking about. All it takes is a quick phone call for information.
Worth asking about. All it takes is a quick phone call for information.
Exactly that, when i sorted out my mothers estate (two years ago) the Registrar set the Govt "one click" or whatever it was called system in motion, this just migrates through the system and everything to with the Govt is sorted automatically, pension cancelled etc etc etc, they even got in touch with her private pension provider and sorted that out as well.
I had to return her Driving Licence to DVLA, and to be fair DVLA didn't even want to see a copy of the Will or Death Certificate when i transferred her car, you just sign the Log Book as "Acting as executor" and it goes through as normal, although i did send an accompanying letter, more for my own peace of mind than the DVLA's reference.
All of the financial institutions i had to deal with had a system in place where you could simply upload their required documents, although the bank who, because of her investments also wanted a Grant of Probate, all the others were quite happy with scanned copies of the Death Certificate & Will, even when the probate came through the Bank were quite happy with a scanned copy that i uploaded to their system whilst i was on the phone to them, the document uploading is fairly new and is one of the benefits of Covid where these systems had to be put in place, thankfully many if not all of the institutions have kept them going, they certainly made my life a lot easier in dealing with mums estate.
The only places i had to provide an original death certificate was the Solicitors and they only needed it so they could copy it on their office copier and certify their copy as true and correct, the only other place that wanted an original Death Certificate & the original Will was the Land Registry when i transferred the house to my name.
To be fair to the system it worked well, although it was a stressful time, most places these days embrace technology to make the whole process as painless as possible, although having a well written Will with clear instructions certainly helps, it might cost a bit to get a Solicitor to do it, but it's well worth the expenditure imho.
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It is a good system and long overdue, unfortunately the Registrar system didn't work quite as well for my mothers death, but to be fair it was a fairly new ish system. Some institutions now don't seem to accept info on line, mainly I think, because of a few crooked scammers/solicitors/professional executors. I'm glad to see that the Halifax now do accept online scanned copies, which is a big change from when they took £10.5k out of my mother in laws estate.
The automatic notification system worked really well when registering my Dad’s death last year. Notified loads of places automatically, only ones we had to notify ourselves were his bank and his phone provider. And they accepted scanned copies of the certificate.
In the end I had 7 copies of the certificate and only had to send one out, which I think was for HMRC/Probate stuff.
In the end I had 7 copies of the certificate and only had to send one out, which I think was for HMRC/Probate stuff.
