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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3772
Experience:  Solicitors 2 years plus PQE
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my husband and I separated 30 years ago and drew up a document

Customer Question

my husband and I separated 30 years ago and drew up a document saying neither was responsible for the other ones finances signed and witnessed by a solicitor. We had no further contact but did not divorce. He has now died Iis do not know his financial situation who is responsible for funeral costs etc if there is not sufficient funds in his estate. I don't have the funds to help.
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi,

Alex J. :


Thank you for your question and welcome. My name is ***** ***** I will assist you.

Alex J. :

You are not personally liable for his funeral costs. These must be paid from his estate.

Alex J. :

If you have any joint assets then theoretically these can be sold and his share of the proceeds will be paid into his estate.

Alex J. :

Does he have a will?

JACUSTOMER-8k8mfujk- :

i don't know about a will, or if there is any money in his estate

JACUSTOMER-8k8mfujk- :

who pays if there is insufficient funds in his estate

Alex J. :

Hi, Thank you. If there is genuinely no money in his estate or there is no next of kin willing to fund, the executor of his estate will have to contact the local council and see if they have any grants available to pay for the funeral.

Alex J. :

The funeral expenses have to be paid in priority of the beneficiaries under a will.

JACUSTOMER-8k8mfujk- :

who would be executor if there is no will? are there usually grants available if not what happens

Alex J. :

Hi, Thank you. You will have to go and speak to his local council and they will tell you if they provide funding for funerals where the estate is insolvent.

Alex J. :

Normally where there is no will his next of kin is responsible for administering the estate.

Alex J. :

In this circumstance as you are still married that would be you.

Alex J. :

Did he have any brothers or sisters he may have given a will to?

JACUSTOMER-8k8mfujk- :

although I have had no contact for 30 years would I be considered his next of kin? He has a brother who also has had very little contact with and lives the other end of the country and is not aware if he made a will. how can I find out.

Alex J. :

Hi, Thank you. As you are still married and if he has died without a will you are entitled to appoint yourself to administer the estate. https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will

Alex J. :

This is not something you are obligated to do however.

Alex J. :

If you apply to become his executor then you are entitled to arrange his funeral.

JACUSTOMER-8k8mfujk- :

I don't want to do this, so who would then be responsible for arranging the funeral and seeing to the costs.? what happens if he has made a will but nobody knows where it is?

Alex J. :

Hi, Thank you. It would be his brother who would then be responsible.

Alex J. :

If he has made a will then he will have lodged either with a solicitor or the person he would have appointed to administer his estate.

Alex J. :

https://www.gov.uk/search-will-probate If a will has been made you can search for it here.

JACUSTOMER-8k8mfujk- :

Thank you very much for all your help.

Alex J. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

you have helped me a great deal.I just don't know where funeral costs will come from if there is no money in estate and council won't help.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Have you been contacted and asked by anyone to arrange or pay for the funeral?
Kind regards
AJ