Does a will have to go to probate if there is no property or possessions?

Peig Sayers

If a person dies in the U.K. having made a will but not having any property or possessions to dispose of, does the will have to go to probate? There is a sum of money (about 25k) in the bank to be divided between two family members and a small sum to be given to the executor. One of them already has access to the account (Deputy by Court of Protection) in order to pay nursing home fees etc.

Can the Deputy pay out the monies and close the account? The executor of the will no longer lives in the U.K. and is willing to let the Deputy take over (it also states in the will that this can be done and the Deputy is already organising the funeral).

Would it be as simple as presenting the death cert to the bank and dispersing the monies? The deceased has no family in the U.K.

Victor

Peig Sayers wrote: »

Would it be as simple as presenting the death cert to the bank and dispersing the monies?

When presented with a death cert, I imagine the only action the bank will take is freezing the account.

stringy

If there is a will, then the named executor is obliged to administer the estate in accordance with law.

This means collecting in all of the assets, which would include the 25k cash.

He will then hold the 25k on trust for the beneficiaries, the fund is used to pay any debts and liabilities, and then he is free to distribute what's left of the estate (25k).

Should the named executor not administer the estate in accordance with law, ie not extract a grant of probate, he is leaving himself liable to be sued for failure to carry out his legal duties, should something go wrong along the way.

The executor also owes a moral duty to the person who has died to ensure their wishes are carried out, and that it is done correctly. Probate is the proper way to go.

Peig Sayers

The executor is happy to hand over to the deputy. He does not live in the U.K. any more. The deputy is named in the will as being able to take over should the executor not wish to.

The only debt to pay out is the funeral cost which will be done by the deputy this week. There are no liabilities. No property or possessions to dispose of.
Pension payments to the deceased have been cancelled and nursing home bill paid up to date.

coylemj

The bank will want to see a grant of probate in order to hand over the money. Anyone could apply for a copy of the death cert and march in waving it, it's the person with the grant of probate giving his name as the executor of the estate who is entitled to ask them for the money in the deceased's account(s). For the amount of money you mentioned, it's very unlikely that the bank will hand over the money without seeing a grant of probate.

Even showing them the will won't cut the mustard since someone else could walk in the next day with a later will with different instructions. That's how they will view it so they won't hand over the money until the executor calls in with the grant of probate which they will take a copy of and only then will they hand over the money. They can be persuaded to hand over money to pay for the funeral but the rest of the money will stayed frozen until the executor gets probate sorted.