Dealing with the death of a loved one is always difficult, but there are ways to make the practical aspects more straightforward. These are some of the things we commonly hear from clients.
The most common reflection from bereaved relatives has to be, “I wish they had made a Will”. Multiple complications can arise from someone dying without a Will, including their children or other loved ones missing out. Making a Will is especially important when you buy a property.
Less significant, but still a worry is being uncertain where to find a spouse or partner’s Will. History and novels are full of complications around misplaced Wills, and people get anxious about this. The usual practice is to have your lawyer keep a Will; if not, tell people where to find yours.
Another issue that complicates the process of sorting out someone’s estate is not knowing what assets they have. It’s common to find people had pensions, shares, or even property their family were unaware of. Make a list of what assets you own and where they’re held.
Delays and costs can arise when families or partners jump the gun on admin. The Registrar of Births, Deaths and Marriages must register the death within eight days, but there’s no immediate rush for advising organisations. In fact, telling banks about a death, rather than waiting for the deceased’s executor to do it, can make the latter’s task more complex.
Another common mistake with banks is for a spouse or partner to close the deceased’s bank account – never do this without checking with the executors. The digital age has opened up new uncertainties for surviving family members or partners – for example, the issue of their ‘digital legacy’, or what happens to their social media accounts. It’s helpful if people specify this in their Will (or in their account settings), as this can avoid distress later on.
One digital problem partners worry about is not having passwords and access for online accounts for banks or other organisations. In fact, this is not a major issue as the executors can request these from providers.
Finally, many people say they wish they’d known how long correspondence for the deceased would continue to arrive – this can go on for months or even years. Knowing this in advance won't change the situation, but having realistic expectations may reduce upset or frustration.
Another source of uncertainty – and disagreements - after a death is what type of funeral to arrange.
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