Probate and legal help and advice
In addition to funeral arrangements there are also legal matters that may need to be dealt with following the death of a loved one.
Ask your local funeral director whether they offer free legal advice as part of their service
Many funeral directors now offer free legal advice as part of their service, whereby a legal expert will contact you to answer any legal questions you may have. This additional service, being offered by an increasing number of funeral directors, can be very helpful in addressing any concerns you have around issues such as:
- How to deal with the will and personal affairs of the deceased
- Understand whether probate and estate administration is required
- Support and advice on paying funeral costs
The deceased’s will
If the deceased has written a will then this will need to be consulted before any funeral arrangements are made as the deceased may have had specific wishes with regards to the ceremony which should be respected. First you need to gain access to the will. Typically it will be stored with other vital documents in a secure location; this could be in a box file or a safe. A family member is likely to know where these documents are.
In many cases a solicitor will have made the will in liaison or on behalf of the deceased and so a copy will be kept with the solicitor. The will would name executors, who have a legal responsibility to carry out the wills instructions.
Probate and managing the assets of the deceased
Probate, or a ‘Grant of Probate’, is the court’s authority for one or more people to administer a deceased’s person’s assets.
Managing the estate or the assets of the deceased can be complex. In most cases, a legal process called Probate is required if the deceased is leaving assets and property totalling more than £5,000. Probate will be required regardless of whether or not the deceased left a will.
Applying for Probate can be complex and at what is already a difficult time you may wish to seek legal representation to act on your behalf. Although a legal expert will probably charge you for their services, they will be experienced and trained in the process and can take total responsibility for all of the complex administrative processes involved such as:
- Complete required Probate forms and receive the Grant of Probate, if required
- File tax returns and arrange payment of inheritance tax where due
- Pay any outstanding debts of the deceased
- Distribute the remainder of the deceased assets to beneficiaries
- All other tasks involved
If you arrange the funeral, check where the money will come from to pay for it, as you will be responsible for paying the bill.
Before appointing a legal representative it is advisable that you check their payment terms, for example a set rate could be more favourable than an hourly rate if a case is complex as you will then be clear on the total amount you will be charged in advance.
If the funeral is going to be paid using assets from the deceased’s estate, ask your legal representative if they can provide advance financial support to avoid paying funeral costs at your own expense. The probate process can take some time and funds from the deceased’s estate may not be available in time to pay the funeral invoice in line with your local funeral director’s payment terms.