Ensured Wills

Dealing with a Deceased's Estate

When somebody sadly dies, there are certain things that should be done immediately besides obtaining the death certificate and arranging the funeral. Find Out More

When the death is registered, you will usually be given a form to send off which informs all government agencies and authorities of the death. This service is called “Tell us once” and informs:

  • HM Revenue & Customs (HMRC) - to deal with tax and cancel benefits;
  • Department of Work & pensions (DWP) – to cancel benefits e.g income support;
  • Passport Office – to cancel passport;
  • The Local Council – to cancel housing benefit, council tax benefit, a Blue Badge, inform council housing services and remove the person from the electoral register;
  • National Health Service


Arrangements need to be made for dependent relatives, children and pets.


The banks need to be informed to ensure that no further payments are paid into the accounts or direct debits or standing orders paid out.


Utility companies should be informed.


Secure the house and any other property and inform the insurance company that the house is now empty. Some insurance policies do not cover unoccupied properties so you may need to take out either an extension of cover or a new policy. Secure any valuable items such as antiques and jewellery by removing them and placing them in safe storage.


If the house is empty, re-direct post to the person(s) who are legally authorised to administer the estate. e.g executor/administrator.


Before the house can be sold or handed back to the landlord (if rented), it will have to be cleared of all of the deceased’s possessions.


Any Powers of Attorney need to be secured to ensure they are not used. If registered with the Office of the Public Guardian they should be returned with the death certificate for cancellation.

It is a criminal offence to use a Power of Attorney after the donor has died.

Death Benefits:

It may be that because of the death the surviving spouse / civil partner may be entitled to benefit from Bereavement Support Payments.

The widowed parent may also be eligible for Widowed Parent’s Allowance.

You must check eligibility criteria.

When all of these preliminary issues have been taken care of you will only then be entering into the hard work of administering the deceased’s estate. Whether there is a valid Will in place or not, dealing with the administration of the deceased’s estate can be an extremely time consuming, daunting and complex!
Who is responsible for dealing with the deceased’s estate?

If there is a Will, the Executors have a strict obligation to administer the estate of the deceased. They will need to apply for a Grant of Probate.

If there is not a Will, the deceased is said to have died intestate and therefore it is the responsibility of the next of kin who will need to apply for a Grant of Letters of Administration. (Section 46 of the Administration of Estates Act 1925 and Rule 22 of the Non-Contentious Probate Rules 1987 set out the order of priority of those entitled to share in an estate).

In either case those who take on the administration of the estate are taking on quite an onerous responsibility and any mistakes in the process can end in the executor(s) or administrator(s) being personally liable for the errors they make!

In what circumstances is Probate required?

Probate has become an umbrella term for Estate Administration. Administering the Estate includes dealing with the legal processes which enable the executor/administrator to in very simple terms:

  • Gather in, sell or pass on someone’s property, possessions, businesses and money to the rightful beneficiaries;
  • Create appropriate trusts for the benefit of the rightful beneficiaries;
  • Dealing with the tax consequences of this, including Capital Gains Tax, Inheritance Tax and Income Tax.

The process in reality, can be extremely detailed and onerous depending on the complexities of an estate.

Probate is legally required if:

  • The estate of the deceased exceeds £5,000;
  • The deceased held stocks & shares;
  • If the deceased had life insurance;
  • If there is real estate in the sole name of the deceased (which also includes any share held by the deceased as Tenants In Common);
  • To enable the executor/administrator the ability to pursue a negligence claim or other legal proceedings on behalf of the deceased;
  • If the asset holder(s) ask for it.

Why not let Ensured Wills’ Estate Administration specialist apply for the Grant and take care of the entire process for you? Contact Us
Our Bespoke Probate/Estate Administration Service includes:

Initial FREE consultation with Executor / Family to take instructions, collect all relevant documentation and verify client’s ID;

Following signing of Contract / Letter of Engagement we will write to the client to confirm the processes we are required to complete for the estate and the fees payable;

Completion and application to the Probate Registry of a PA11 Power of Attorney to enable us to act as your representative;

Ascertaining the value of the estate by writing to all asset holders and creditors PLUS the value of any income received from the asset since 6th April til the date of death e.g bank interest, share dividends, pension payments etc and reporting it to HMRC.

Dealing with any income tax refund due to the estate;

Completion of relevant Inheritance Tax (IHT) Return and supplementary documentation including any transferrable IHT allowances applicable from deceased spouse / civil partner;

HMRC will require the first instalment of any IHT due, settled no later than 6 months after the end of the month in which the death occurred.
The Grant of Representation cannot proceed until HMRC have indicated that the IHT liability has been settled.

Preparation and application to the Probate Registry via the PA1P for the Grant of Representation via a licensed conveyancer;

Writing to all asset holders to release funds;

Arranging for house/property to be marketed for sale;

Place Statutory Notices in appropriate publications;

Pay all liabilities;

Set up trusts for beneficiaries (if applicable);

Completion of Estate Tax Returns to include Income Tax for the last period of the deceased’s life and the administration period and Capital Gains Tax if applicable;

Preparation of Estate Accounts for beneficiaries’ approval;

Distribution of funds to beneficiaries or transfers to trustees if applicable.

All estate monies will be in a bespoke client account. Ensured Wills are registered with HMRC for Money Laundering Purposes.

Our fees are not a standard set price. Instead we will tailor the price bespoke to the requirements of the particular estate of the deceased. This is done to ensure that YOU get the best deal available. We may agree:

An hourly rate for less complex cases;

A set fee;

A fee based on a percentage of the value of the estate ranging from 1-2% depending on complexity of the estate.

So, if you have loved ones that sadly pass or know of anybody that may require our specialist help, please contact Ensured Wills and leave it safely in the hands of the Professionals. Contact Us