Dealing with the loss of a loved one can be emotionally overwhelming, yet practical matters must still be addressed, explains Anna Orpwood from local solicitors Edwards Duthie Shamash
Following the death of a loved one, those closest will not only be distressed but also probably unable to think clearly. Yet, life doesn’t stand still and many practical, financial and legal matters concerning the deceased person will have to be resolved – some immediately and others within a few days or as soon as possible. The following information may prove useful at times like these.
Did the person leave a will?
If so, it will contain the name of an executor, the legal term for the person responsible for dealing with everything the deceased used to own (the estate). The executor will pay, from the estate, all the deceased’s debts, taxes and expenses, including the cost of the funeral itself.
The role of an executor carries great responsibility and can take up a lot of time. It is important for the person making the will to think carefully about who they choose to be their executor, and it is equally important if someone asks you to be their executor to think carefully before you agree to take this role on.
If there is no will, the next of kin will usually be appointed to administer the estate – they will be known as the administrators. All the deceased’s possessions will pass according to the rules of intestacy (strict legal rules that apply in these circumstances). The legal rules will determine which of the next of kin are entitled to benefit from the estate and in what proportions.
What is the grant of a probate?
This is an official document, which you can show to anyone who needs proof of your authority to deal with the estate. It is required to deal with everything the deceased owned – this includes the value of any property, savings and possessions, such as cars.
Acting as an executor
All executors or, if there is no will, administrators, are entitled to have the assistance of a solicitor and to have the bills relating to the administration of the estate paid from the money in the estate. Solicitors are experienced in dealing with estates and their often complex nature. Seeking guidance can streamline the process and provide peace of mind during a stressful time.
Distribution of property
When all expenses, debts and taxes have been paid, the executor can then distribute what is left of the estate. If there is a will, the executor will follow the instructions contained within it to carry out the wishes of the person who has died.
Edwards Duthie Shamash is located at 149 High Street, Wanstead, E11 2RL. For more information, call 020 8514 9000 or visit edwardsduthieshamash.co.uk
