An Executor or Administrator has the legal authority, responsibility and duty to distribute the deceased’s estate correctly and could be held financially responsible for any mistakes made.
Issues can arise if a more up-to-date version of the Will being used to distribute the estate comes forward after distribution. Or it was presumed that the deceased did not make a Will only for one to come to light after distribution.
To help avoid issues arising for an Executor or Administrator it is vitally important when distributing an estate that the most up-to-date version is being used. In the case where a Will is not known about or cannot be found, it is advisable to have taken steps to confirm that a Will does not exist.
Therefore before an estate is distributed, the Law Society recommend using Certainty The National Will Register, to search for both registered Wills and Wills that have not been registered.
As a legally endorsed and recognised best practice, Certainty Will Search offers great protection against an unknown or later Will coming to light after the estate has been distributed. Following a Certainty Will Search an Executor or Administrator should retain the Will Search report received as it validates reasonable steps were taken to search for an unknown Will or most up-to-date version of the Will before proceeding with distribution.
To conduct your Certainty Will Search visit www.certainty.org.uk/equiniti
There are lots of organisations that offer support and guidance to support to family and friends following a bereavement. To help you find the right organisation to support your needs, we have listed a small number of these organisations and their contact details below.
Gov.uk - Births, deaths and marriages
For help on reporting the death of a lived one along with guidance notes on wills, probate and inheritance tax.
Visit: https://www.gov.uk/browse/births-deaths-marriages/death
Gov.uk - What to do when someone dies: step by step
Check what to do after a death - how to register the death, notify government departments and manage financial issues.
Visit: https://www.gov.uk/when-someone-dies
Probate Registry
Call 0845 302 0900 or Visit: https://www.justice.gov.uk/courts/probate
The General Register for Scotland
Call 0131 334 0380 or Visit:
https://www.nrscotland.gov.uk
HM Revenue & Customs
For help with tax issues call: 0845 30 20 900 or visit: https://www.hmrc.gov.uk
Citizens Advice Bureau
For help on practical and legal matters and contacts for counselling, help and support
Visit: https://www.adviceguide.org.uk
The Money Advice Service
The Money Advice Service was set up by the government to offer free impartial advice. They can support on all financial matters but also offer guides on what to do when someone dies and planning for old age and death. Call 0800 138 7777 or visit: https://www.moneyadviceservice.org.uk
Cruse Bereavement Care
Cruise are able to provide help with understanding and coping with grief following the death of someone close.
Visit: https://www.cruse.org.uk
Bereavement UK
Bereavement support and information when you need it - 24 hours a day 365 days a year..
Visit: http://www.bereavement.co.uk
Age UK
Age UK provide information and advice that covers every facet of later life, from benefits and care options, to later life planning and bereavement support.
Call 0800 055 6112 or visit: https://www.ageuk.org.uk
Age UK have created information guides and factsheets that are short and easy to digest, giving a comprehensive overview of the relevant topic.
These guides can be found: https://www.ageuk.org.uk/services/information-advice/guides-and-factsheets/
The Gazette - Office Public Record
Guidance for Executors on how to place an online Deceased Estates notice in The Gazette.
Visit: https://www.thegazette.co.uk/wills-and-probate/place-a-deceased-estates-notice