How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 22620
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
Type Your UK Family Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

My Mother died very recently and we do not know if she made

This answer was rated:

My Mother died very recently and we do not know if she made a Will. My younger Sister took over Mum's affairs some five years ago without consulting myself or my elder Sister. We have been advised that there is not enough funds for a Funeral. How do we go about finding out if there is a Will and what do we do re. the Funeral,please?
What is the value of the estate?
Customer: replied 4 years ago.

I think that Mum had x1 State Pension and x2 Occupational Pensions from when she was in the Civil Service. But I am not sure what she had apart from said Pensions.


I thought I dealt with this on another thread where I said:

Are you disputing
that there is enough money to bury your mother or not?

Is the question
just about the will?

Whoever arranges
the funeral is responsible for the funeral payment. If there is not enough
money left by your mother (in a will or not) then the local authority will pay
for the funeral but you need to get them to agree to pay for it first. Speak to
the local authority or the funeral director in this respect. If you do not have
the money, or your sister does not have the money, you cannot be compelled to
pay although I appreciate that you may wish to do so.

There is no
central register of Wills although there have been many attempts to get one
together. It is therefore a case contacting all the solicitors in the area to
see if any of the holder will for your late mother. There is absolutely no easy
way of doing that and we get many such requests and indeed, send many out.


Can I answer any specific concerns? Thanks

Stuart J and other UK Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Am sorry-mislaid your earlier response re. Funeral costs. I have had my elder Sister on the fone many times - wondering if I know anything about Mum's Will/affairs - which I do not!. Can I direct my Sister to any area where she can make herself busy - rather than bothering me? Thank You David

No problem. Thank you for the response, it did make me
smile. I can appreciate you want to keep her busy.

She is always at liberty to put a question on here.

If neither you nor your sister have enough money to pay for
the funeral then, as I said, the local authority will pay for it but they must
give prior agreement.

Your sister therefore could make busy by making arrangements
with the local authority and the funeral director because it is going to need
some liaison.

The benefits agency and pensions department or need writing
to with regard to overpayment or underpayment of benefits and pension. The
Council tax department at the Council need writing to because there may be a
refund. The utilities need dealing with.

I assume that the death is registered and all the above
people will need a death certificate.

The local authority (in the house is rented) need speaking
to with regard to terminating the tenancy.

The house needs emptying and the contents disposing of
(usually you will have to pay for this unless there is anything valuable).

There is plenty for her to be doing.

You can always cut and paste this answer (suitably edited)
into a word program and print it off for her.


Related UK Family Law Questions