Law Spot

My Father has died and my Mother is worried as they had joint accounts and my Father also had accounts and investments in his sole name. My Mother thinks the joint accounts will be frozen and she needs to pay bills. What can she do?

Gaynor Cooke

Gaynor Cooke

Partner and Head of Wills & Probate

Please reassure your Mother that she can continue to use any bank accounts that were held jointly with your Father and the accounts will not be frozen.  Your Mother will only need to take in your Father’s original death certificate to the local branch of the bank/building society or post it to them and the accounts will automatically be transferred into her sole name. She can continue to use any joint accounts in the same way that she has always done – nothing will change except the accounts will be transferred into her sole name.

If your Mother is also worried about settling the Funeral Account and needs to access money from any accounts in your Father’s sole name, most banks or building societies will release a cheque or pay the Funeral Director direct by bank transfer on sight of the funeral invoice. However, all assets in your Father’s sole name will be frozen apart from the payment of funeral expenses and Inheritance Tax (IHT) if it is applicable which the banks will authorise the payment of. If your Father left assets over £5,000 in his sole name, then it is usually necessary to obtain a document known as a Grant from the Probate Registry to enable the estate to be collected in and dealt with.

If your Father made a Will then the Grant is known as a Grant of Probate. However, if your Father died intestate (ie without making a Will) then the Grant is known as Letters of Administration. To obtain a Grant it is necessary to establish the value of all your Father’s financial assets and liabilities, completing HM Revenue Inheritance Tax forms to establish if the estate is subject to IHT and claiming any IHT exemptions that can be made, settlement of any tax payable, preparing any probate documentation to submit to the Probate Registry to apply for a Grant; ensuring the accuracy of all the documentation; finalising income tax affairs and pensions; collecting in the estate from banks, building societies and selling or transferring assets; then distributing the assets collected in in accordance with the Will. If your Father died intestate, then his estate will be dealt with in accordance with the statutory order of distribution.  This is dependent upon differing factors.

As the above process shows, dealing with an estate can be more complex that you may first imagine.  We can guide and assist your Mother in dealing with obtaining the Grant and the administration of your Father’s estate with a professional approach and experienced probate solicitors who can offer you peace of mind and a friendly and efficient service.

For further information please contact our Wills & Probate team.

Broadstone
01202 692448

Christchurch
01202 482202

Verwood
01202 823308

Wimborne
01202 881454

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