No Will and very confused

[Welshgirlbach]

Posting for traffic

My father passed away without a Will, I assumed it'd just be easy for my mum, she's next of kin so all goes to her without her having to do anything really. I get a call off her today explaining she's been trying to sort out an ISA that was held in my father's name but the ISA provider have told her because he died intestate that she may need to apply for a grant of representation & /administration. The ISA is not a lot of money, the whole of parents estate is well below the inheritance tax threshold. She's very confused and I'm away for a few weeks with work so can't get to her and try help her out. I've tried googling it, the gov website goes through a checklist (bit like the benefit checker) & the result comes back as my initial thoughts...it just all goes to mum. However, other websites have got me all confused!
Please help give me a basic idea of what I need to do to put my mums mind at ease.

Thank you in advance.

You are likely correct it will pass to your mom but she'll need to apply for Grant of probate before she can start collecting in assets where there is no will. Makes things much more complicated. The below may help but I suggest she gets legal advice (lawyer/cab) as soon as possible

www.moneyadviceservice.org.uk/en/articles/sorting-out-the-estate-when-there-isnt-a-will

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Thank you Em

Ps - I say likely correct because it depends on whether your dad has any children that aren't his children from the marriage.

The Grant of Representation doesn't have anything to do with who inherits- it is probably to do with the value of the ISA and so would have been needed even if there was a Will. It is up to the ISA provider whether they ask for a Grant or not.

If there's no will she has to apply for a letter of administration so she can deal with anything in your fathers sole name (which I assume the isa is). The bank won't just hand the money over without this. (I did think if the estate was below £25k it didn't apply but I can't quickly spot anything about this). It's quite easy to complete the forms and the probate office are very helpful.

Thank you Em. I just stupidly assumed my mum wouldn't need to do anything other than provide death certificate and perhaps marriage certificate to prove relationship to my father.

Different institutions have different requirements depending on the value of the accounts held. My dad died recently and one bank just transferred the money in his account to me but others needed the grant of representation.

I’ve just applied for it and done it myself - it’s less complicated than you might think and there’s a genuinely helpful ‘helpline’ you can call if you get stuck- it’s worth at least taking a look at it yourself before you spend a lot of money on a solicitor to do it for you.

I deal with bereavements for a bank and provided the money with the bank is less than £50k then probate isn’t generally needed. Ask the ISA provider what their limit is for needing probate - if it’s under they will probably just want the death certificate and a few details of the next of kin.

Just as @HomerJSimpson says, they want to help you and make it as easy as possible so just ask them to clarify anything you’re not sure about.

Good luck and sorry for your loss x

Yes it depends on the value - some companies will want letters of administration, others may just accept a death certificate, proof of NOK and for her to sign a declaration that she is the legal claimant

If she does need letters of administration it should be quite straight forward if it's a simple estate

Sorry for your loss

I’m sorry for your loss

The threshold will vary by company, as will the documentation they need, unfortunately there isn’t one standard way of doing it.
Get each company you’re dealing with to set out their requirements, preferably in writing. They may not speak to you about his specific account but if you can tell them what the value is you’re talking about they should be able to give you generic info about their process and requirements for accounts of that value.

If she’s moving his ISA to an ISA in her name (google additional permitted subscription for more info although isa companies should make her aware of this option) there’s likely to be a specific form to fill in.

Thank you all, I can explain this to mum & when I get back I'll be able to give her a hand. It's a very small estate & the only thing held in my dad's name was this one ISA so we'll contact provider & ask for specific requirements then take it from there. XX