The estate I am working on is an intestate one and therefore no will exists. He died in 2006.
The beneficiary's mother and the mother of the minor do not speak with each other but I am sure she will agree that he did not have any money and his mother had paid the funeral costs. However, a headstone was purchased that included the beneficiary's father as no headstone was bought for the father at the time of his death several years before.
From what I gather, I would need the minor's mother to agree for me to pay the funeral costs to the deceased beneficiary's mother prior to paying the balance into a suitable account for the minor. Obviously, I would make sure that she is aware the funeral costs are the first claim on his estate and so really this is just a matter of formality. Is this correct?
Also, I presume I would need something in writing from both?
I am concerned that the advice given is incorrect.
Firstly, from the HMRC website http://www.hmrc.gov.uk/inheritancetax/how-to-value-estate/debts.htm they state:
"You can deduct funeral expenses from the value of the estate, plus a reasonable amount for mourning expenses. Expenses can include a reasonable amount to cover the cost of:
Also, from the Govenment website here: https://www.gov.uk/make-a-claim-to-a-deceased-persons-estate it states:
"If an entitled relative survived the deceased but has since died, that relative’s personal representative must make a claim to the deceased person’s estate. A personal representative is either the executor of their Will or the person entitled to share in their estate if they did not leave a Will."
This would mean that the deceased beneficiary's mother would NOT be the personal representative of his estate as she is not an entitled beneficiary. However, the mother of his child (as parent and legal guardian) would be acting as the personal representative on their son's behalf.
Finally, any investments with National Savings & Investments for children are not suitable as they can be accessed by the parent.