Advice on what to do following death...
Discussion
My Dad's cousin (he's the closest relative) died on Thursday of dementia having been in a home for a while but aged only 73. Whilst she was alive, he and his brother had Power of Attorney for both Health and Finance and sorted her care homes, fees and made all the appropriate decisions, but now she's passed these are no longer in force AFAIK.
My Father likes to panic and make way more out of things than he needs to do so I'm trying to get him to do the minimum possible and only what he's legally required to do.
We have the will, nobody we know is a beneficiary so that's not the angle here at all (it was written by her late husband and benefits his family from his first marriage and charities). We know who the executors are too, but one is old and the other rather disliked the now deceased so unlikely to want to do anything.
What should my Dad do? He says he must contact the executors and the beneficiaries and sort out loads of stuff.
I've told him he should probably sort the funeral (as nobody else will) but not to pay from his own pocket as he's unlikely to see it ever again, but that's it.
My advice to him is that he should box up everything he has related to her, and pass this to a solicitor (the one who sorted the PoAs) to sort out (the residual estate is roughly £250k), and leave it at that as he no longer has any responsibilities nor can he act on her behalf, but no idea what is right, legally ?
Any ideas ?
My Father likes to panic and make way more out of things than he needs to do so I'm trying to get him to do the minimum possible and only what he's legally required to do.
We have the will, nobody we know is a beneficiary so that's not the angle here at all (it was written by her late husband and benefits his family from his first marriage and charities). We know who the executors are too, but one is old and the other rather disliked the now deceased so unlikely to want to do anything.
What should my Dad do? He says he must contact the executors and the beneficiaries and sort out loads of stuff.
I've told him he should probably sort the funeral (as nobody else will) but not to pay from his own pocket as he's unlikely to see it ever again, but that's it.
My advice to him is that he should box up everything he has related to her, and pass this to a solicitor (the one who sorted the PoAs) to sort out (the residual estate is roughly £250k), and leave it at that as he no longer has any responsibilities nor can he act on her behalf, but no idea what is right, legally ?
Any ideas ?
uuf361 said:
My Dad's cousin (he's the closest relative) died on Thursday of dementia having been in a home for a while but aged only 73. Whilst she was alive, he and his brother had Power of Attorney for both Health and Finance and sorted her care homes, fees and made all the appropriate decisions, but now she's passed these are no longer in force AFAIK.
Correct - https://www.gov.uk/lasting-power-attorney-duties/s...uuf361 said:
We have the will, nobody we know is a beneficiary so that's not the angle here at all (it was written by her late husband and benefits his family from his first marriage and charities). We know who the executors are too, but one is old and the other rather disliked the now deceased so unlikely to want to do anything.
Age and dislike of the deceased are their issues to deal with, not your Dad's - https://www.thegazette.co.uk/wills-and-probate/con...uuf361 said:
What should my Dad do? He says he must contact the executors and the beneficiaries and sort out loads of stuff.
He can certainly contact them (but see below). As he is not an executor he is under no obligation to 'sort out loads of stuff': indeed he should steer clear of getting involved. If neither executor wants to act, see the link above. Then he might have a role to play.uuf361 said:
I've told him he should probably sort the funeral (as nobody else will) but not to pay from his own pocket as he's unlikely to see it ever again, but that's it
He can sort out the funeral, but he needs to let the undertaker know that he is not an executor. He can also register the death. Given that it must be done within 5 days he is the obvious candidate. uuf361 said:
My advice to him is that he should box up everything he has related to her, and pass this to a solicitor (the one who sorted the PoAs) to sort out (the residual estate is roughly £250k), and leave it at that as he no longer has any responsibilities nor can he act on her behalf, but no idea what is right, legally ?
He can pass on the documents to the solicitor but the latter cannot sort out the residual estate unless instructed by the executors. All the solicitor can do is write to them and await developments. In view of that I would be inclined to hang on to the boxes for the time being pending clarification of whether or not the executors are willing to accept the office to which they have been nominated. 
Thanks for the input and I've just got back from seeing my parents.
I've agreed with my Dad that he'll register the death on Monday and organise the funeral as next of kin, and also contact the 2 executors so they are aware (if not already).
If they refuse to act (as suspected) then he'll contact the solicitor and ask them to act accordingly.
I've agreed with my Dad that he'll register the death on Monday and organise the funeral as next of kin, and also contact the 2 executors so they are aware (if not already).
If they refuse to act (as suspected) then he'll contact the solicitor and ask them to act accordingly.
uuf361 said:
If they refuse to act (as suspected) then he'll contact the solicitor and ask them to act accordingly.
They can't just stick their tongues out and say "I won't". They have to lodge a formal document of Renunciation with the Probate Registry.And each of them can only do so if they have done nothing whatsoever in respect of the estate. Intermeddling can be something quite minor.
If your Dad wants to step into their shoes he can apply for the Grant himself once the renunciations have been lodged.
Once he has the Grant, if he doesn't want to do some/all of the donkey work, he can negotiate with the solicitor to do it for him for a fee.
Be wary if the solicitor starts making noises about appointing him/herself as the administrator though.
That way you lose control of the situation and are virtually powerless if the solicitor proves to be inefficient/dilatory/inept.
Removing him/her as an executor after the event is a major undertaking. I have been down that road and, trust me, it is a daunting task.
uuf361 said:
What should my Dad do? He says he must contact the executors and the beneficiaries and sort out loads of stuff.
.....
Any ideas ?
Yes. Dad should do as little as possible, better still nothing at all. (Although I just have this funny feeling that he will be/is involved)......
Any ideas ?
You have an executor, pass everything to him/her.
Do not get involved.
Sign nothing.
Red Devil said:
They can't just stick their tongues out and say "I won't". They have to lodge a formal document of Renunciation with the Probate Registry.
And each of them can only do so if they have done nothing whatsoever in respect of the estate. Intermeddling can be something quite minor.
If your Dad wants to step into their shoes he can apply for the Grant himself once the renunciations have been lodged.
Once he has the Grant, if he doesn't want to do some/all of the donkey work, he can negotiate with the solicitor to do it for him for a fee.
Be wary if the solicitor starts making noises about appointing him/herself as the administrator though.
That way you lose control of the situation and are virtually powerless if the solicitor proves to be inefficient/dilatory/inept.
Removing him/her as an executor after the event is a major undertaking. I have been down that road and, trust me, it is a daunting task.
Thanks - they may well formally renunciate and my Dad won't be stepping in to take it up at all following our chat.And each of them can only do so if they have done nothing whatsoever in respect of the estate. Intermeddling can be something quite minor.
If your Dad wants to step into their shoes he can apply for the Grant himself once the renunciations have been lodged.
Once he has the Grant, if he doesn't want to do some/all of the donkey work, he can negotiate with the solicitor to do it for him for a fee.
Be wary if the solicitor starts making noises about appointing him/herself as the administrator though.
That way you lose control of the situation and are virtually powerless if the solicitor proves to be inefficient/dilatory/inept.
Removing him/her as an executor after the event is a major undertaking. I have been down that road and, trust me, it is a daunting task.
The executors have done nothing to date and can't imagine they could given they have zero information.
My Dad won't want nor does he need the hassle/stress so at that stage (let's hope the appointed executors do the right thing) it would go to the solicitor. Their ineptitude or inefficiency isn't really an issue for anyone we know only the beneficiaries, the majority of which are several charities...
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff