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Original poster

Paying mortgage and council tax after a bereavement

108 replies

MelbourneWay · 07/02/2020 10:53

Asking for a friend who has a three year old daughter. Her partner passed away recently, it was somewhat unexpected. They had a mortgage together. She is on universal credit getting about £600 per month which comprises the standard allowance and support for one child. She can just about live on that but can't pay the mortgage or council tax at the moment. Mortgage and council tax also come to about £600 per month. Is there any help that she can get for the mortgage and council tax whilst she is waiting for probate?

OP posts:
AndNoneForGretchenWieners · 09/02/2020 06:26

Would the bank not freeze payments for a period? When DH died, Santander agreed to a payment holiday of 9 months while I sorted probate. Bit different because I had to then buy the house as it had been in his name only and he left no will, but there were only 6 years left on the mortgage so the principal sum wasn't huge. If your friend phones the mortgage company and speaks to the bereavement team, they may be able to help her. I also recommend WAY, they are an excellent source of help and peer support.

cobwebsoncornices · 09/02/2020 06:50

Your first post refers to her husband and subsequent ones to her partner. Whether they were married or not makes a big difference to what happens in this sort of situation.
How did they own the property? As joint tenants or tenants in common? Does his "share" definitely pass to her or could it pass to another beneficiary of the will?
To be honest, from what you have said, I would be very surprised if she is a beneficiary or at least the major beneficiary of the will.

Original poster
MelbourneWay · 09/02/2020 07:30

Sorry Cobwebsoncornices I thought I said “partner”, and yes they were “joint tenants”.

OP posts:
endofthelinefinally · 09/02/2020 07:36

I think only a couple of people have mentioned the death certificate. OP, do you know who registered the death?
Your friend has to provide an original death certificate to all the official bodies before they will even talk to her. That includes the council tax people, mortgage company, life insurance company, utilities, everything.
I didn't think it was possible to get a mortgage without getting specific life insurance to go with it, so it is worth searching for any paperwork relating to mortgage as a matter of priority.
The solicitor sounds very unhelpful.
Are you sure there is no copy of the will in the house?
DH and I have copies of our wills, POA, life insurance etc, all in a box. The dc know where to find it all.
As pp have said, a marriage certificate makes a big difference in a situation like this. If your friend was not married to her partner she is going to face a lot of difficulty.

SW16 · 09/02/2020 07:49

Her partner was wealthy and had a business and another property

So how or why was she claiming UC? I am assuming he did not live with her? Was he the father of the child? It’s a scary and difficult position for her to be in.

AnotherEmma · 09/02/2020 08:32

"If she knew what was in the will, she could take decisions about her future."

But in an earlier post you said that he'd told her what was in the will? Hmm

Original poster
MelbourneWay · 09/02/2020 08:41

Hello SW16, to clarify she has only just started claiming UC. Endofthelinefinally, her partner had his own house and all papers were kept there. I’m sorry I can’t say more for fear of being identifiable. Thanks for all the replies.

OP posts:
Original poster
MelbourneWay · 09/02/2020 08:45

Hi AnotherEmma, the problem is that the solicitor will not confirm what is in the will, which seems very strange to me and is worrying my friend greatly. All the solicitor said to her was to wait for probate and pay the mortgage in the meantime.

OP posts:
waterbottle12 · 09/02/2020 08:48

Her partner hasn't provided for her she was probably a secret mistress. Sadly she has been very naive and should assume nothing from the estate. Why do women give up work for men they aren't married to, I would have hoped we would be more savvy these days.

ASureSign · 09/02/2020 09:00

Sounds a bit of an odd situation. What sort of job did the partner have?

endofthelinefinally · 09/02/2020 09:24

They were joint tenants but she has no access to the house?
Or did he live in a different house?
If they didn't live together, he may well have had a wife/ family.
OP, you didn't say who registered the death. Normally that would be the next of kin.
If not your friend, then that would suggest another family.

NeverTwerkNaked · 09/02/2020 09:28

I am guessing she was a secret mistress or similar as otherwise this doesn't make much sense.

Was there a reason she wasn't working before the bereavement? Would she feel able to get a job now?

Narcheska · 09/02/2020 09:29

I'm really sorry but agree with other posters this all sounds very odd and like she's actually his mistress / second family?

Can you confirm if she registered the death / has the death certificate?!

If all his stuff was at his other house which she had no access too at all that really sounds like he has another main residence and family. why on earth otherwise would he be living away in a house where all his papers are kept and not with his partner and child.

I think you should help prepare your friend for the reality that this isn't going to be easy and may be more painful yet. It's starting to sound likely that unless she can find a way to pay the mortgage (go back to work?) then the flat will be sold from under her

HeronLanyon · 09/02/2020 09:35

If they were joint tenants she will have inherited his half by survivorship surely ?

endofthelinefinally · 09/02/2020 09:41

I too think this all points to her being a secret mistress. Could she find a lodger to cover the mortgage? I can't think of much else she can do under the circumstances.
She may well have to sell the flat. Does she have a copy of the deeds?
It rather sounds as if the solicitor knows more than your friend does about this man.

Narcheska · 09/02/2020 09:41

@heronlanyon I think the issue sis she can't afford the mortgage... and there doesn't seem to be any life insurance to cover it / she doesn't have anything more than you'll be taken care off by the will y suggest if there's enough money from the estate to cover it. All very odd

HeronLanyon · 09/02/2020 09:46

narcheska agreed. Sounds odd and complex and possibly for all sorts of odd complex reasons.
No matter what what a dreadful situation to be dealing with on top of the bereavement.

NoSquirrels · 09/02/2020 09:51

I assume the reason you don’t want to say more about her circumstances is because she’s in a mistress type set-up. Someone had to have organised the funeral, paid for it etc. Honestly, I think you’d be best advising her to post here herself, so she can be honest and get best advice. CAB first, or her own solicitor as priority. She sounds really naive and if she’s “not sure” about life insurance on the flat they own jointly then it’s quite possible there’s other stuff she has not understood/assumed about the ownership of the flat.

amaryl · 09/02/2020 09:57

I’m guessing she hasn’t actually got the certificate. The mortgage company will help, but you have to send it the certificate. There’s nothing they can do without it.
You really are in limbo without that
You can apply for it, anyone can apply for a death certificate.
Is the child his dependent? It makes a big difference if you’re going to challenge a Will.

It’s a caveat when you challenge the probate, but I think it can. Only be done by a spouse or a dependent.

LIZS · 09/02/2020 10:05

Has she spoken to the bereavement team at mortgage company? If the flat is an asset of the deceased the estate should continue to pay or freeze the debt. She can apply for a copy of the death certificate.

FlemCandango · 09/02/2020 10:19

Your friend should get some advice. From a financial advisor or a charity like Citizens advice. As she is getting UC she should also be eligible for ctax support but she has to apply to her Council for that and the single person discount.

She should get debt advice as ignoring the ctax demands will lead to court hearings/ bailiffs visiting. If she has not used the government "tell us once" service then maybe she can do that to ensure all relevant gov departments are aware of her bereavement.

If her bank are not allowing a payment holiday on her mortgage she could try paying just the interest. When she has been on UC for 9 months she can get Support for mortgage interest payments through the DWP, but these are a loan, they only cover mortgage interest and they are repaid when you sell the house.

www.citizensadvice.org.uk/benefits/support-for-mortgage-interest-smi/support-for-mortgage-interest-smi/deciding-if-you-should-apply-for-smi/

www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/help-with-your-council-tax-council-tax-reduction/

www.citizensadvice.org.uk/debt-and-money/mortgage-problems/how-to-sort-out-your-mortgage-problems/

www.nationaldebtline.org/EW/factsheets/Pages/council-tax-recovery/counciltaxdebt.aspx

endofthelinefinally · 09/02/2020 10:21

Was there no funeral?
This all sounds very strange.
Surely any family he had would have been at the funeral.
This is so sad.
My son died suddenly and unexpectedly aged 27. The shock and grief is horrendous.
I remember sitting down with a pile of death certificates and a notebook, bank statements, credit card, bills, everything I could find, getting it all done before organising his funeral.
It is a terrible time.
I too hope that others reading this thread will learn from it.
I am so, so sorry for your friend OP.

Original poster
MelbourneWay · 09/02/2020 10:43

Thanks for all the kind words, my friend knows I come on Mumsnet and she would be mortified that I have posted. Let me reassure you they were a couple and he had no other close family. I hope you understand I can’t say more without being identifiable. Thanks again for all the replies, it is very kind of you all.

OP posts:
squee123 · 09/02/2020 11:43

to PP saying you have to have life insurance to have a mortgage, that isn't right. I have a mortgage and no life insurance and it has never been an issue. I don't bother with it as my death in service payment from work would more than clear the mortgage, and my husband could cover it easily on his own anyway and vice versa. Mortgage companies have never even asked us

AnotherEmma · 09/02/2020 12:00

A mortgage broker or financial adviser would usually suggest it as an opinion. Mortgage repayment insurance and/or life insurance. Of course it's optional and if death in service would cover the mortgage, you might feel comfortable without getting extra insurance. You'd need to reconsider if you changed jobs though.