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  • Probate/funeal costs question
  • Premier Icon mattyfez
    Free Member

    Hi,
    Bit of a wierd one this, dunno if there are any legal types in?
    So my father passed away about a year and a half ago, in Spain. He had given a close family friend access to his bank accounts to pay for things if needed.
    SO this friend made a transfer from my fathers uk account to pay for the funeral before the bank was notified of the death.
    I’ve checked the figures and I am satisfied that it was all legitimate, and I personaly don’t have a complaint as I knew my Dad had given the go ahead prior to his death. I’m aware its a bit dodgy legally speaking, but they had already done the transaction and told me after the fact.
    I am sole beneficiary.
    The executor (who is a solicitor firm) has pulled the accounts together and asked me if I know about this payment, which I have simply said yes and told them what it was for, but have not given them any names as I don’t want them to get into trouble.

    Bit of a sticky situation, anyone guess what if anything will happen?

    Premier Icon dannybgoode
    Full Member

    Funeral costs are permitted to be taken from the Estate prior to probate and are IHT exempt.

    EDIT – Keeping the receipts etc is a really good idea 🙂

    Premier Icon scruff9252
    Free Member

    Not answering the direct question around anything will happen, but doing so was unnecessary.

    Whilst bank accounts are frozen at point of notification of death, the payment of both funeral expenses and inheritance tax are permitted from the deceased’s account upon production of invoice.

    (Spent 3 years as a student working for a bank in the bereavement service centre)

    Premier Icon intheborders
    Free Member

    It’ll be fine, my OH did the same with her Mum’s funeral – solicitor had no issues (just asked for receipt).

    Premier Icon mattyfez
    Free Member

    Thanks yes I have the funeral receipt. The amount transfered was for that plus a bit to cover some outstanding expenses on his house over there, utilities as they are keen to cut them off if not paid and it costs a fortune to get them reistablished.
    Just wondering if it’s going to cause a poo storm.

    Premier Icon dannybgoode
    Full Member

    The amount transfered was for that plus a bit to cover some outstanding expenses on his house over there, utilities as they are keen to cut them off if not paid and it costs a fortune to get them reistablished.
    Just wondering if it’s going to cause a poo storm.

    We made a fair few withdrawals after my mum died for such things and the solicitors didn’t even query what they were for. Worst case the money gets classed as part of the estate and factored into the IHT bill etc.

    The key is to just be totally honest if asked and to have as many receipts as possible to back you up.

    Premier Icon NJA
    Full Member

    As a funeral is a legitimate cost of the estate it doesn’t really matter whether it is paid before the accounts are frozen or after the matter. It is the priority debt on the estate so as others have said can be paid by the Bank before the grant of probate is issued in any case.

    We do several hundred probate cases per year and many people are like your dad and his friend.

    I even paid for my Father in Laws funeral from his bank prior to freezing the account.

    It is not an issue. Your answer will have satisfied the executors.

    Hope that puts your mind at rest.

    Premier Icon mattyfez
    Free Member

    Thanks all… Sounds like it shouldn’t be an issue then 🙂

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