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after death
updated
24 July 2007
getting
a copy of a Will
acting
as an executor or administrator of a Will
|
What to do when someone dies |
Almost all Wills proved and Grants of Representation (whether there was a Will or not) issued in England & Wales since 1858 are available to the general public. However if the estate was small a Grant may not have been needed, in which case there will be no public record even if there was a Will. Its worth noting that there is no time limit from the date of death within which a Grant has to be obtained.
If you want to find a copy of the Grant of Representation and the Will (if there was one) you will need to search the Probate Calendar [National Index] to see if a grant was ever issued. There is a calendar for every year from 1858 (either in book form [to 1973], microfiche [1973-1996], or on computer [1996 onwards]). Entries are made in the Calendar in the year that the Grant was issued (which is not necessarily the same as the year the person died) and are arranged alphabetically by surname.
The only place where there is a complete set of Calendars is at the Principal Probate Registry in London. There are also 11 District Probate Registries where you should find Calendars covering the last 50 years or so. If you make the search yourself there is no charge, but it is recommended to contact the Registry beforehand to check what they have available for inspection.
If you cannot get to the Registry
yourself you can write and ask the Registry officials to make the search for
you. You have to write to
The Postal Searches & Copies Dept,
York Probate Sub-Registry
Castle Chambers
Clifford Street
York
YO1 9RG
Ideally the information they will need will be the
full name, address and date of death of the deceased, requesting the years to be
searched and the appropriate fee. This is £5, which covers the four year period
from the date of death, plus £3 for each subsequent 4 year period. If a grant
is traced, the fee includes a copy of the Grant and Will (if any). If you do not
have all the information then the Officials will do what they can, provided you
have at least the correct full name.
If the death has occurred recently and you cannot locate the Grant, then it is possible to request a Standing Search. This is valid for 6 months and if Grant is issued within that time you will automatically receive a copy. You can extend the Standing Search for 6 month periods for as long as you like. The fee each time is £5.
Once you have found the relevant Grant you can order copies at the Principal Probate Registry or at any of the District Probate Registries. You will need to state the full name of the deceased, the date of the Grant, the Registry where it was issued (all of which will be in the Calendar entry), what copies you want and pay the appropriate fee [in person £5 for the first and £1 for subsequent copies; by post £5 for each estate]. The Registry's aim is to supply copies within 21 days.
Payment should be made by cheque or postal order to HMCS. If applying from outside the UK payment needs to be by international money order in pounds sterling.
Acting as an Executor or Administrator
After a person has died the law insists that someone takes responsibility for all their worldly possessions, and ensures that they are passed on to their new owners. The person, or more usually the people (there can be up to four), who takes on the task is called the deceased’s Personal Representative. In a Will they are usually named as the executors. If there is no will they are referred to as the administrators.
There are essentially four things that the Personal Representatives have to do:-
Ascertain the value of the deceased’s estate.
This is a question of scheduling all of the deceased’s assets and providing valuations of them all. This will include bank and building society accounts, shares, cars, houses, jewellery and furniture for example. Everything that the deceased owned needs to be included, although certain assets pass automatically to others on death - for example a house that is jointly owned by a husband and wife (provided they are what is known as beneficial joint tenants). Information will usually only be released by organisations to the Personal Representatives if a certified copy of the death certificate can be produced.
Obtaining authority from the Probate Registry to administer the estate
Unless the estate is very small organisations will not actually hand over the deceased’s assets to the Personal Representative without an official document from the Probate Registry of the High Court, which confirms that the Personal Representatives are entitled to handle the deceased’s affairs. This is usually referred to as a Grant of Probate, if there is a Will, or a Grant of Letters of Administration, if there is not. In order to obtain either Grant, the Court will normally want to see:-
the original Will (if there is one)
a sworn document (the Oath), signed by the Personal Representatives, which explains how they are entitled to act, and gives a valuation of the estate
if an account for the Inland Revenue is needed (in most cases where the estate is under £300,000 it is not), a receipted invoice from the Inland revenue that Inheritance Tax has been paid; this must be obtained beforehand from the Inland Revenue, who will issue it on being sent the Inland Revenue account and the monies due.
Pay any Inheritance Tax due
Inheritance Tax is a simple, if not well liked, concept - on death a reasonable sum (currently £300,000 from April 2007) is free from tax. After that tax is payable at 40% - but as with all taxes the reality is more complicated. Certain categories of beneficiaries do not have to pay Inheritance Tax, such as spouses and charities, and any gifts made by the deceased within seven years of their death can give rise to an increase in their estate’s liability for Inheritance Tax. If in any doubt you should consult a solicitor.
If Inheritance Tax is payable, then some, or possibly all of it, must be paid before the court will issue the necessary Grant. The Government do not want to take the chance that they might not get their money. This means that the Personal Representatives will usually have to borrow the money. Preferential rates can often be obtained by arranging this through your solicitor.
Distribute the balance of the estate to those who are entitled (the beneficiaries)
Once the Personal Representatives have received the Grant they can get on with gathering together all of the deceased’s assets, paying any outstanding bills, and then distributing the balance in accordance with the deceased’s Will, if there was one, or in accordance with the rules on intestacy if there was not. The Personal Representatives need to keep a formal account of all the money they have received, paid out and passed on, including interest on any money held since the deceased’s death. All the beneficiaries are entitled to see this account.
Personal Representatives do not have to deal with matters without help. They can always turn to a solicitor for help and assistance, whose fees will be payable by the estate. Often solicitors themselves will be named as the sole or joint executors in a person’s Will, so ensuring that the estate is wound up efficiently and effectively, with the minimum of delay.
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