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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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A friend died recently, leaving no will that we can find, and

Resolved Question:

A friend died recently, leaving no will that we can find, and with no traceable relatives - how can we get authority for a friend or friends, of the deceased to act as her Executor?
Thank you.
Lyn
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

my condolences for your loss. Does your friend have no relatives whatsoever that you are aware of?

Customer:

Hello Joshua, we are trying to track the stepson of a cousin and a possible distant relative in Wembley but have had no luck yet? Our main concern was getting information about what funeral arrangements she wished for and then obviously how to dispose of her assets, house, car, belongings etc.

Joshua :

Thanks. may I ask how feel arrangements are being dealt with at present in the circumstances?

Customer:

I think you probably mean funeral arrangements! Two of the deceased's closest friends are Priests and her third closest friend is her fellow church warden at our church. They are arranging a church funeral, which she would have wanted, followed by a Cremation.

Joshua :

I do beg your pardon - voice recognition software meltdown. I did indeed. My apologies for the typo

Joshua :

thank you for the above.

Joshua :

The intestacy provisions in the administration of Estates act contain a strict order for our tea as to who can administer someone's estate if they have not left will. the order of priority is as follows:

Joshua :

1. The spouse or civil partner
2. Issue
3. Parents
4. Brothers and sisters of the whole blood or their issue if any of such siblings have died before the intestate
5. Brothers and sisters of the half blood (i.e. they share one parent with the intestate) or their issue if any of such siblings have died before the intestate
6. Grandparents
7. Uncles and aunts of the whole blood or their issue
8. Uncles and aunts of the half blood or their issue

Joshua :

from what you say, there are no known persons that fit any of the above categories. if this is the case, a creditor of your friend could apply to become an administrator and if there are no creditors, then the role falls to the Treasury Solicitor

Joshua :

if there are no known relatives, you can refer your friends estate to the Treasury Solicitor using the following form:

Customer:

Thank you this is most helpful but can you possibly describe who "a creditor of your friend could apply to become an administrator" could be?

Joshua :

https://www.gov.uk/make-a-claim-to-a-deceased-persons-estate

Joshua :

certainly.a creditor is somebody that was owed money by your friends prior to your friends passing. A creditor can apply to become an administrator and they may want to do so in order to ensure they are paid. However, the role of administrator is quite substantial and it is in general that it leave it to the Treasury Solicitor who will ensure the estate is administered properly and for the creditor to then notify the Treasury Solicitor of their claim

Joshua :

in respect of funeral costs, providing such costs are reasonable having regard to the size of your friends estate, any costs incurred can be notified to the administrator ( whether this is the Treasury solicitor or someone else) and can be recovered from the estate. copies of all the relevant invoices should be retained by any individual that chooses to pay the funeral costs. You will almost certainly be aware that there is no obligation upon any person to pay such costs unless they want to and if the estate cannot afford to repay the person that does pay, that person will be left potentially out-of-pocket

Joshua :

is there anything above I can clarify for you any further?

Customer:

Thank you very much for your help with this, the information you have provided is most helpful.

Customer:

Have a good afternoon.

Customer:

Thanks

Customer:

Lyn

Joshua :

A pleasure. If I can assist me further as matters develop, please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer:

I am trying to rate Joshua's service as Excellent, as he has been most helpful but the little face at the bottom of the screen is not being highlighted for me to click on.

Customer:

First rate system, thank you.

Joshua :

Thank you for trying. I believe there may be a fault at present - I have reported it. Please do not trouble yourself any further. Thank you for your feedback.

Customer:

Have a good afternoon and thank you.

Joshua :

And you.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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