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Legal matters

Who's responsible for sorting out this death - sorry could be long

5 replies

tapdancingmum · 12/01/2013 22:34

A very dear friend of ours passed away last night Sad after an operation to replace his knee. We, DH & I, went to the hospital to pay our last respects and to collect his items from the original hospital. That's the background - now to the problem.

DH goes up to his flat to see what info we can find and come across his funeral plan which is good so we can get that started. Friend also gave DH his will about 6 years ago which has been kept in the safe so DH retrieves it. On speaking to the funeral director he tells me that Mrs X is down as next of kin and she will have to get the death certificate and register it before the funeral can be arranged. Ok say I and phone Mrs X who tells me she is disabled and would not be able to get to the hospital so would I mind doing it. Not a problem say I.

On reading the will we see that friend had appointed two executors who we didn't know. Got their details and spoke to them only to be told that they didn't know friend, only did it as a favour to husband of Mrs X (who died about 5 years ago) as they didn't think they would have to do something. Why do people sign things that they have no intention of carrying through!! So my dilemma is

a. do I tell him to grow a pair and deal with it?
b. find out how he can renounce his responsibility or
c. just deal with it.

The estate as I see it is just his money (not a lot) though that is the first thing Mrs X asked about when I rang to tell her he had died (could just be me being cynical) as he was in a council flat, no family that we know of, no car etc just his possessions in the flat and his money.

Could I have some advice please

OP posts:
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Isityouorme · 13/01/2013 09:32

Who s the beneficiary of the will? Could he/she sort it?

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Collaborate · 13/01/2013 09:46

I agree with isityouorme. Send a copy of the will to the beneficiaries, one to the executors, and leave it to them to sort out. Not your business.

And don't have a go at the executors. As you'll see when looking at the will, there's nowhere for them to sign to indicate they accept the appointment. Anyone can appoint anyone else as executor in their without informing them.

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digerd · 13/01/2013 09:50

The inheritor is responsible for paying for the funeral

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PigletJohn · 13/01/2013 10:01

Advise Mrs X to get a solicitor to do it.

She will be looted and probably end up with nothing.

She ought at least to arrange and pay for the funeral and this can be paid for out of his money.

The council will want the flat emptied and vacated quickly. House clearers will do it and loot whatever they find.

If you are willing to arrange the funeral out of kindness and respect make sure you don't get stuck with the cost.

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digerd · 13/01/2013 11:24

He may have had a life insurance to help pay for funeral, which will be in his belongings in the flat.

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