28 Sep 2016

A question about : Definition of "in a timely manner"??

Deceased left no will, was unmarried and had no children. Elderly mother still alive and becomes sole inheritor under intestacy laws.

However, elderly mother is a bit vague and unbusinesslike and has not yet applied for letters of admin. She says there's plenty of time and she's still grieving (which is fair enough).

She looks to me for bits of advice and research on 'important' matters. I think she can take as long as she wants over this (as said, there are no other beneficiaries and so no-one is pushing her to do anything).

That said, I don't want her to fall foul of any banking/intestacy regs so can someone advise what exactly constitutes 'a timely manner'? The death was nearly 3 months ago.

Best answers:

  • What is the value of the estate? IHT needs paying promptly, otherwise, there are no real time scales.
    However any creditors will get difficult if nothing is sorted out.
  • Not absolutely sure about the value.
    There is no property to sell (a rented house) and a small bank account, maximum (at a guess) would be Ј10-12K. That would be the total estate (as far as I know).
  • She can probably get the funds released without needing to apply for probate.
  • Pay for the funeral (bill direct to bank).
    Use "Tell us once" to inform all the relevent people.
    Expect the DWP to be in touch if the deceased recieved any benefits and be prepared to re-pay any over payments.
    Is the LL insisting on standard periods of notice?
    Make sure the utility meters are read and accounts closed.
    Check for any death in service or insurance payments.
  • She has been told at the branch that probate is required (at least that is what she has been telling me).
    House was emptied and keys handed back to landlord before Xmas. Meters read etc. Bills have been paid by elderly mother as next-of-kin.
    As far as I know, everything has been settled apart from this bank account.
  • If the estate is worth the sort of figures you mention, seems unlikely that a bank would not release the funds using a simple indemnity form. That said it is their decision.
    While the IHT should be settled within 6 months, unless agreed otherwise, as none is due she can take as long as she likes. Let her grieve.
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