Paying funeral expenses before Probate granted

shar01

Afternoon,

I've a feeling I'm overthinking this but having never been in this position before I thought I'd ask around.

My grandmother died earlier this year. She left a Will and my mother is Executor.

Nan had several life assurance policies with two companies, a bank account and a post office account.

Her son in law paid the funeral expenses and my mother said she's reimburse him when the monies came through.

The bank, post office and one of the assurance companies have paid out on foot of certified copy of Will. The other assurance company is insisting on Probate.

Can my mother reimburse her brother in law now or will she have to wait until Probate issues (which will probably be closer to Christmas)?

Like I said, I most probably overthinking this.

Thanks for any responses.

EDIT: I really am overthinking this - I suppose my mother paying back her b-i-l is no different than her paying undertaker directly.

Grolschevik

As far as I know (Wexford), local councils offer a funeral expenses grant. A tangential point, but worth looking into.

shar01

We're grand on that front, thanks.

It's more a case of taking the monies received so far to pay back the b-i-l before Probate issues. Will the Probate Office ask where the money went?

tskk

Funeral expenses can be claimed back by your solicitor from your grandmothers bank before probate is granted. Just supply a receipt from the funeral director. They wont pay out for the food and drink part of the funeral but that can be claimed as expenses further down the road.
Banks get this request all the time and its refunded quite quickly.

shar01

At this stage the undertaker has been paid - by my grandmother's son in law. He's not in a rush to be reimbursed but my mother (the Executor) wants to pay him back.

The bank and one of the insurance companies have paid out. Can my mother use that money to repay her brother in law? Will the Probate Office look for evidence that she did (I suppose she could get a banker's draft for him).

tskk

Best thing to do is ask the solictor. Your grandmothers money from banks etc will be held in trust in their client account. It would be better if they paid your mothers brother in law back as it will be shown on your grandmothers statement where her funds went.

shar01

The money is in my mother's account. The amounts were so small the bank / assurance company didn't require Probate or a solicitor's account (we're not talking tens of thousands).

Ewan Hoosarmi

Just gone through this recently as executor for my late mother-in-law. The probate office have no interest in the use of funds of the estate. As long as the assets are detailed in the Revenue CA24 form, that's all that matters. I paid out over €10,000 in expenses before probate was granted. I was never asked about any of that during the probate interview.

shar01

Thank you Ewan Hoosarmi. She'll be more relaxed when she hears this (and me too by extension )

I'll suggest she gets a banker's draft and then that's another thing out of the way.

Thanks again.

Ewan Hoosarmi

shar01 wrote: »

Thank you Ewan Hoosarmi. She'll be more relaxed when she hears this (and me too by extension )

I'll suggest she gets a banker's draft and then that's another thing out of the way.

Thanks again.

I know it goes without saying, but keep receipts for all expenses. Even the smallest ones.

shar01

She's sorting through the file as I type...

coylemj

shar01 wrote: »

Thank you Ewan Hoosarmi. She'll be more relaxed when she hears this (and me too by extension )

I'll suggest she gets a banker's draft and then that's another thing out of the way.

+1 If she has an executor account and pays your brother-in-law with a draft drawn on that account then there won't be a problem. Reimbursing the person who paid the undertaker is legally no different to your mother paying the undertaker direct.

It's not relevant to you at this stage but as has already been mentioned, if the money was still locked up in the banks pending probate, one of them would typically allow you to draw money to pay the undertaker. The undertakers themselves are totally on top of this and can often advise the executor which local bank manager is most likely to release money to pay them if there's multiple accounts.

Paying cash bequests or distributing physical assets (e.g. jewellery) before probate is granted comes with the (usually tiny) risk that a later will pops out of the woodwork at which point there could be complications but I wouldn't see any problem discharging lawful debts and expenses in advance of getting the grant of probate.

antoinolachtnai

Might set your family’s mind at ease.

https://www.lawsociety.ie/Solicitors/Practising/Practice-Notes/Payment-of-funeral-expenses1/#.WyWLDhbhSEc