When I meet someone and tell them what I do for a living, often they tell me of their experience when a relative or friend died. The phrase I hear time and time again is ‘oh they were lovely, but when they passed away…’
That ‘but’ then unravels a tale of either a dispute about the estate or the difficulties involved in administering the estate. That person who died will always be remembered for their good qualities, but also for leaving a messy situation after they had passed away.
It will never be possible under English law to completely rule out claims against an estate, but with appropriate professional advice most potential sources of dispute can be ruled out, or at the very least information and documents can be gathered to enable a strong defence of your wishes by your Executors.
However, it is possible to make administering your estate easier for your Executors. So, how can you be remembered for not leaving a mess?
A mess can arise in various ways, but here are some simple steps you can take to make life easier for your Executors:
- (a) Organise your finances and the paperwork relating to them. It does not help your Executor to wade through decades of jumbled paperwork with no clear indication if accounts are closed or open. Small shareholdings can be very time-consuming to deal with if they are not held in a portfolio or a stocks & shares ISA.
- (b) Organise your possessions. If you rent your home, rent will continue to be payable until it is emptied and handed back. If you own your home, interest will accrue on any mortgage until it is sold. If you are not driving anymore, dispose of your car. (I could write a whole article just on the difficulties of insuring a car after someone has died.) Consider how long it will take to clear your home. Does your Executor live close by and not work? Or will they need to spend hundreds or even thousands on house clearance?
- (c) Make sure your Will is up to date and that it reflects your wishes. If you are not sure that it reflects your wishes, then ask your solicitor. A good Wills and Probate solicitor should be able to explain your Will to you in a way that you understand.
If you would like a free review and explanation of your Will, please call my office on 01903 927055 or email ssampson@monangozzett.com.
Appointments are available at our Arundel office, via video call, or at your home if you live within the distribution area of this magazine
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved
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Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved