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Buachaill, Barrister
Category: Law
Satisfied Customers: 10978
Experience:  Barrister 17 years experience
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My grandfather has recently passed away, resulting in my

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Hello there.
My grandfather has recently passed away, resulting in my mother becoming the executor. My mothers brother has just sent a letter to my mother claiming funeral expenses i.e. flights, car hire etc. He wants to claim it out of the Estate, can he do that?

1. I regret to say that you cannot claim expenses for attending a funeral from the estate of the deceased unless the will of the deceased grandfather speifically provides for this to occur. If the will specifically provides for the payment of third party expenses in attending the funeral, there will be treated as gifts under the will and they will be liable to Inheritance Tax.

2. Accordingly, your mother's brother cannot claim his expenses in attending the funeral from the estate of your late Grandfather. He will have to pay his own expenses.

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Customer: replied 1 year ago.
What happens if my Uncle wishes to take the matter further?

4. Well, he will have to sue the estate if he wishes to take it further. However, there is little chance of success for him.