Help and resources
Top 5 Questions
All Questions
- Can I alter a will after someone has died?
You can alter a bequest in a will up to two years after someone has died providing all the beneficiaries are over 18 and in agreement. This can be especially helpful if you inherit assets that will create an IHT liability in the future. In this case, the will can be varied to pass those assets directly on to your intended beneficiaries.
- Documents and information to take to the registrar
- Medical Certificate of Death
- The deceased's:
- Date and place of birth
- Date and place of death
- Last address
- Maiden name (if applicable) and any other names used
- Medical card
- Occupation
- Partner's date and place of birth (if applicable)
- State benefit details (if applicable)
- Does everyone need Probate?
Probate is not required on all estates; it depends on size and ownership of assets. For free personalised guidance on whether you need Probate call our Probate helpline on 0845 126 0891.
- How long will the meeting with your Probate Consultant take?
The meeting normally takes between one and a half and two hours depending on the complexity of the estate.
- Information about reporting a death
If the death occurred at home and was expected, the family doctor will write out a Medical Certificate of Death. The doctor will also give permission for the body to be taken to the funeral director's.
If a death occurred in hospital, your funeral director will notify you when you can collect the Medical Certificate of Death from the hospital.
If a death occurred at home and was not expected, the family doctor may contact the police or the coroner. Don't be alarmed if the death is reported to a coroner. A coroner is involved in most cases of sudden and unexpected death and it does not necessarily mean there are suspicious circumstances. In most cases, it simply means a doctor has not examined the deceased recently. If the death was not from natural causes, for example if it was a motor accident, the coroner will call for an inquest to determine when, where and how the death occurred.
- Information to provide to funeral directors
- The deceased's full name and age
- Their occupations
- Their religion
- Whether the body is to be buried or cremated
- Details of any existing grave or cemetery
- Details of the deceased's wishes regarding the funeral
- What are the duties of an executor?
Executors are responsible for:
- Identifying and valuing all the assets of the estate
- Applying to the Probate Registry for a Grant
- Collecting and distributing the assets
- Completing all IHT and tax returns
- What do I need to do when someone dies?
There are a lot of things to organise when someone dies and it is easy to forget vital steps or become overwhelmed. Follow our step by step guide to ensure that everything is dealt with.
- What documents do I need to find when someone dies
- The will
- Bank statements - current and savings
- Birth certificate
- Car ownership papers
- Credit card statements
- Utility bills
- Driver's licence
- Insurance policies - car, health, home, life
- Investment statements - ISAs, PEPs, TESSAs, etc
- Share and bond certificates
- List of personal property and estimated values
- Antiques
- Art
- Boat
- Furniture
- Heirlooms
- Jewellery
- Motor Home
- Other
- Loan statements - mortgage, educational, other
- Marriage licence
- Medical Card
- Organ Donor card
- PAYE tax details and recent tax returns
- Pension statements
- Property deeds of leases - flat, holiday home, house, rental properties
- Social security benefits
- Safety deposit box information
- What is a Nil Rate Band Trust?
The Nil Rate Band (NRB) trust is a discretionary trust where the surviving spouse can be both a Trustee and a Beneficiary. Assets up to the total of the NRB allowance can be placed in the trust. This type of trust allows both a husband and wife to use the full NRB on the first death, while leaving the survivor in occupation of the family home
This ensures that the survivor can use any property or share of property, but on the survivor’s death the value of the assets within the trust are not liable to inheritance tax (IHT). If necessary some or even all of the assets can be transferred to the survivor but such amount will be included in the survivor’s estate.
The whole point of the NRB trust is to save inheritance tax.
- What is Probate?
Probate is the legal document that gives the executors of the will authority to deal with the assets of the deceased.
- What will I need for the meeting with your Probate Consultant?
Once a meeting has been arranged we will send you a letter confirming the details of the meeting along with a note of the paperwork to have available, including the original Will, death certificate and details of any debts and assets.
- Why use a professional firm for Probate?
Probate can be a complex process and executors have a number of responsibilities. In addition to handling the assets and liabilities of the estate and preparing the legal and tax documents, the executor is legally and financially liable for any mistakes, such as distributing assets incorrectly.
A professional firm such as Kings Court Trust Corporation can relieve the burden of these responsibilities, leaving you free to handle other matters.
For further information or to arrange a no obligation initial meeting with one of our probate consultants please call the probate team on 0845 126 0891