Frequently Asked Questions

We have addressed below some issues of concern when someone has died

What should I do following a person's death?
Following a person's death, a number of matters will need immediate attention by those appointed as Executors and/or close family:

1. If one exists, the original Will should be obtained;
2. Consideration should be given to any provisions in the Will setting out wishes for the funeral and these should be discussed with the family;
3. The funeral should be arranged;
4. Steps should be taken to protect and secure the property of the person who has died. For example, it is recommended that any valuable assets be removed to a place of safe-keeping;
5. You should speak to the Bank and make temporary arrangements, if necessary;
6. You should obtain an official copy of the death certificate;
7. You should obtain details of all the property and assets (e.g. bank accounts etc.) of the Deceased

How do I know if the Deceased made a Will?
This is often one of the first questions that arises when you are dealing with someone's affairs after they have died. If you believe that they had a Will but you can't find it, then you can find out if they made one by:

1. Contacting advocates or banks which the Deceased may have used;
2. Placing advertisements in local newspapers; or
3. Searching their belongings for any evidence that they may have made a Will.
   
   We will be happy to carry out these searches on your behalf

Do I always need to obtain Probate?
In some situations, the Executors don't need to apply for Probate, for example where:

1. The estate is of low value;
2. Everything the Deceased owned was held jointly with another person (e.g. husband or wife), in which case it usually automatically passes to this other person.

However, if the Deceased owned property in their sole name, or if they owned stocks or shares or held a bank or building society account which holds in excess of £5000, then you will usually have to apply for Probate.