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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience:  Over 5 years in practice
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Hi Following on from this question I have been asked by the

Resolved Question:

Hi Following on from this question I have been asked by the next of kin of the deseased to act on his behalf and manage his finances. It now has been confirmed that there was a policey of value that belongs to the deseased of which im assuming can be given to his brother.. I and the desaesed brother have written to the insurance company to explain who is who and that the deseased brother has given me written permission to act and manage the finance. The insurance company have been told there was no estate or will or probate but are asking for "letters of administration"? or a solicitor acting for the deseased of which there is not . What would be the normal process in this situation?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the total value of the cash left by the deceased and is there a house?
Customer: replied 2 years ago.

Hi

The policy value is £18,000. There was no property or possessions or money left.

Expert:  Jo C. replied 2 years ago.
Is the policy just in deceased's name with no other beneficiary?
Customer: replied 2 years ago.
Yes just in his name only
Expert:  Jo C. replied 2 years ago.

What you are being asked to provide is in effect grant of probate.

If someone dies having left a will the executors apply for grant of probate to deal with any assets and property.

If someone dies intestate with no will, then you apply to the probate registry for Letters of Administration which is in effect the same thing but done through a slightly different process because there is no will.

If there is no land/house involved there is actually no need for probate/letters of administration and it will usually be dealt with informally under the smaller estate rules.

In cases like that, the institution will normally allow the personal representatives (executors by another name) to deal with the estate by simply signing a statutory declaration wherein they declare that they are entitled to deal with the estate. Certainly, banks and building societies will do that.

The difficulty is that there is no statute that compels them to do that and in the case of shares, whatever the value, they would insist on grant of probate or letters of administration. Ask the insurance company if they will allow you to deal with this by way of statutory declaration. If they will, they will have a standard form. If the insurance company insists on the grant/letters of administration you have no alternative but to apply for probate. You don’t necessarily have to be a relative or next-of-kin.

Here is a link to the process https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience: Over 5 years in practice
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