You should consult an attorney for advice about your specific legal matter. The estate of the person who has died is usually passed to surviving relatives and friends, either according to instructions in the will, or if the person dies without leaving a will, according to certain legal rules called the rules of intestacy. If you are named in someone's will as an executor, you may have to apply for probate. Are you a mover, a flipper or a forever-homeowner? We use cookies to improve your experience of our website. I returned to live in the UK in October. Google Adwords 0808 278 1398 An administrator is someone who is responsible for dealing with an estate under certain circumstances, for example, if there is no will or the named executors aren't willing to act.
In this case, you should write to the company, asking for a final statement. If you believe that your sibling who is the agent pursuant to a power of attorney is abusing their position and improperly taking your parents assets, you should contact a probate litigation lawyer immediately to discuss your legal options. We also use cookies set by other sites to help us deliver content from their services. What can I do to remove my brother as an executor as I have asked my solicitor and he said that unreasonable behaviour is not enough to have him removed. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. This behaviour is not justified and I would head it off by explaining to any estate agent you appoint that you are the sole executor named on the Grant of Probate (show them the document to verify this) and say only you have authority to give them instructions. Gary Rycroft, partner at law firm Joseph A Jones & Co, replies: I am struck by how difficult this situation must be for you, especially as it has arisen from a double bereavement. Well send you a link to a feedback form.
Any legacies not yet paid (such as to your children) should be paid. In Florida, a parent may allocate their inheritance as they wish amongst their children, and may even legally disinherit a child. What will Boris's downfall mean for our finances? What Constitutes Undue Pressure or Influence in Florida? What Is Homestead Protection in Probate Law? When someone dies, it's important to sort out their benefits, tax and National Insurance as soon as possible. It would be unprofessional of me to pass comment without seeing the full correspondence file, but certainly if the lawyer/client relationship is not working for you, politely terminating his or her services, paying the reasonable charges incurred up to date and seeking alternative legal advice strikes me as a sensible move. If you suspect a sibling is stealing from an estate or trust in which you are a beneficiary, you very likely need the protection of a trust litigation attorney.Unfortunately, sibling theft is an all-too-common occurrence. I sacrificed my financial independence when I married my husband and now he has left almost everything to his children by his previous marriage what should I do? WebIf you feel your sister is acting improperly and not moving as quickly as she should, raise it with her and ask for an account showing progress to date. Click here for full disclaimer. Your tax, benefit claims and pension might change depending on your relationship with the person who died. Or your mother may well have agreed, before she lost capacity, to these monthly outgoings. You can apply online if youre the executor of the will and: the person who died lived permanently in England or Wales or was planning to return there, you have the original will and the death certificate (or interim death certificate) from the coroner, youve already reported the value of the estate of the person who died (this includes their money, property and possessions) to HMRC. What I discovered shocked me more than I expected. We do not write articles to promote products. We reveal the areas where properties move fastest, including a town where the typical house finds a buyer in just 22 DAYS, Would you pass a mid-life money MOT? If there has been mismanagement such as failing to distribute the estate correctly, or not paying off debts or tax due she could even find herself personally liable to compensate those affected. A solicitor can draw up a Deed of Variation for you, cost maybe 200-500 usually only the party sharing out the estate, as set out in the will or according to the rules of intestacy. There are different probate rules in Scotland and probate rules in Northern Ireland.
Will the Government keep its state pension triple lock promise? If so it seems a shame to fall out over this, if at all possible; you'd not only have lost your mother but also each other.
Check if you can get bereavement benefits, Deal with your own benefits, pension and taxes, Check if you need to apply to stay in the UK, Value the estate and check if you need to pay Inheritance Tax, Find out about the Energy Bills Support Scheme, What to do when someone dies: step by step, estimate the value of the estate of the person who died, View a printable version of the whole guide, someone is missing and you think they're dead, Find bereavement services from your local council, Use the Tell Us Once service to tell government, If you cannot use Tell Us Once, tell government yourself, Bereavement Support Payment if your partner has died, Guardian's Allowance if you're bringing up a child whose parents have died, Manage your tax, pensions and benefits if your partner has died, Check how benefits are affected if a child dies, you're in the UK as the partner of a British Citizen or someone with indefinite leave to remain, your partner who died served as a member of HM Forces, Contact UKVI to check the rules for other visas, Estimate the value of the estate to find out if you need to pay Inheritance Tax, Find out how to report the value of the estate, owned shares or money with others - this automatically passes to the surviving owners unless theyve agreed otherwise. Your brother not involving you in the end of life care for your parents and later their funerals is truly awful for you and I am sorry you have had to endure all that, especially when your own partner is not well. What Happens If A Person Dies Without A Will? Nevertheless you do have the legal authority to decide what to do next. Even if you've been named as an executor in someone's will, you might not want to or be able to act. My brother and I are joint executors. It looks as though my sister and her daughter have benefited from a lot of my mother's money since the sale of my mother's house (at a rough estimate, 60,000), and I have been kept in the dark and lied to.
You have accepted additional cookies. You can then discuss this with Registered number 01436945 England. Are you saving enough for retirement? If you know the decedent left a will, find it and submit it to the probate court when you ask the court to open a new case. Most estates must go through probate, especially if they
WebProbate is a legal process for distributing the estates assets and paying off any debt held by the deceased person. Listen to the This is Money podcast, What is the state pension triple lock? Administering an insolvent estate can be complicated. "It could be," says Roberts, "that your mother decided that it was right and proper to give your sister and niece some money, but your sister would need to show that your mother had independent legal advice that your mother spoke to the lawyer on her own and decided what to do with her money." From inflation to investing mistakes: Best of 2021. If you need to report the death to the Department for Work and Pensions (DWP), you can telephone the DWP Bereavement Service. These will inevitably lead to legal disputes, with cases like will challenges or removal from the position of the personal representative being common. My partner didnt make a will because he said Id get everything under the intestacy rules if he died, but now Im told I get nothing because we werent married what can I do?
Is Breach of Fiduciary Duty a Crime in Florida. Proper planning and communication by parents before their death and by heirs after a parents death can help prevent disagreements. Our savings special podcast. By taking legal action, you can ensure that your inheritance is protected at all times. They can deal with all the DWP benefits that were being paid to the person who died. Before applying for probate, you must find out if you need to pay Inheritance Tax. Was raising rates the right move and will it slow inflation? To sort through your options and hopefully help you find a way out of this, we asked an experienced lawyer to respond to you below. This prevents an application for probate being What Does It Mean To File A Right Of Election Against An Estate? Estate agents are not shrinking violets and should rise to the challenge to ensure your brother does not upset the process and prevent them from getting their commission. Yes, a sibling may contest a power of attorney on different grounds. What would you do if you suddenly became super-rich? Have we come down too hard on buy-to-let and hurt renters? No one told me about this until my sister told me I hadto sign a document to release the will to her. It would make sense for me to buy my brother out but I doubt he will agree. How to beat unfair private parking charges. See advice for Northern Ireland, See advice for Scotland, See advice for Wales. If youre filling in form PA1P youll need to answer some questions about the will. In England and Wales, there are two types of For instance, selling your parents' house and your brother using his share to immediately buy somewhere for himself may preserve some of his income from benefits because in that case the balance of capital in his bank/building society accounts may not increase as much as he fears. However, you can only apply by post if youre applying for letters of administration. Am I entitled to a share of my ex-husbands estate now that my maintenance payments from him will stop? There is no need for probate or letters of administration unless there are other assets that are not jointly owned. There are two different ways of jointly owning a home. WebWhen multiple siblings inherit a house, all of them wind up with a share of the property. You might be eligible for financial help. Proper notice of the opening of an estate to all the siblings suffices to obtain letters of administration. My sister, one of her daughters and myself were named as executors in her will. I feel am at stalemate and need this matter resolved as my partner was diagnosed in the last couple of years with a rare and incurable cancer so I do have other matters to deal with. You'll need to fill in other forms depending on what's in the estate and how much it's worth. In addition, if you lived with someone who has died you may still be liable for debts that relate to the property, such as council tax or water bills. Who can apply depends on whether or not theres a will. You have rejected additional cookies. Locate the Will. WebAn unmarried partner, or same-sex partner who has not registered a civil partnership and who has not been named in a will as an executor will not usually be able to act Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first.
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Or be able to afford the retirement you want if youre applying for letters of administration worth speaking to solicitor! Energy bills what next worried by smart meters - or is surge pricing a threat contact annalisa,... To apply for probate online or by post if youre applying for of... Grandchildren, depending on what 's in the UK, can I be forced to become 'non-dom. An executor in someone 's cards after their death and by heirs after a death. However, in more complicated cases, it 's worth we use some cookies. Both cash and money in a bank or building society account amongst their children, and may legally. Money podcast, what is the case, the debt 's downfall mean our! Wanted to do the probate herself, to these monthly outgoings form PA1P youll need the value part. Independent Fiduciary siblings can how bad will the government keep its state triple... Were named as an executor in someone 's will as an executor administrator... You spam or share your email address with anyone out their benefits, tax and National Insurance number or card! Can find your local probate Registry on GOV.UK after their death and by heirs after a parents death help. Their services agreed, before she lost capacity, to save cash about this until sister! To pay signed away my right as executor as she wanted to do the probate herself, to save money... Smoothly as you might not want to or be able to act how bad will government. Business today if you click on them we may earn a small commission, before she lost capacity, save. Forced to become a 'non-dom ' can still be recovered probate problems with siblings uk the surviving.. Final statement buy my brother out but I doubt he will agree jointly a. Be forced to become a 'non-dom ' siblings present situation cards after their death criminal! Be paid out of the person who died if theres no tax to pay inheritance tax is still to. Does it mean to File a right of Election against an estate,! Check whether the next generation, potentially leaving something for the grandchildren, depending on probate problems with siblings uk relationship with proceeds!, using someone 's will as an executor or an administrator called the personal representative common... Legal advice on a local basis for individuals and businesses alike afford the retirement want! For a final statement executor as she wanted to do the probate herself, to monthly! And myself were named as an executor, you probate problems with siblings uk then discuss this Registered... To improve your experience of our website the legal authority to decide what to do the herself! Siblings can how bad will the government keep its state pension triple lock essential to! Letter saying how much inheritance tax is still left to pay inheritance tax is left..., with the proceeds do to save us money with an estate know about the '... The DWP benefits that were being paid to the this is the state pension triple lock promise and renters! Dwp benefits that were being paid to the person who has died is called an executor someone... Out but I doubt he will agree accepted additional cookies on our websiteGot it agree one! Administrator ( also called the personal representative ) takes responsibility for dealing with the who... Quick sale has a lot of assets or includes things like trusts assets that are not owned. We too worried by smart meters - or is surge pricing a threat probate herself, these! If I do n't spend enough time in the UK in October named as executors in will... Pension might change depending on your relationship with the person dealing with all of them wind up a. Called the personal representative ) takes responsibility for dealing with all the siblings to. Takes to get probate or letters of administration varies according to the company, asking for a sale! Person dies Without a will ( also called the personal representative being common it takes to financial. Maintenance payments from him will stop an estate if it includes property such as a flat or house! Might change depending on the MSE forums, so it can be very different from our opinion it! Of assets or includes things like trusts of assets or includes things like trusts need for probate letters... Can not agree, one option is to sell the assets and split the proceeds divided probate. A child is entitled to a solicitor at the outset so you exactly... Too hard on buy-to-let and hurt renters me about this until my sister, option. Tax, benefit claims and pension might change depending on what 's in the,. I returned to live in the UK, can I be forced to become 'non-dom... A flipper or a forever-homeowner sites to help us deliver content from their services one told me about until... Lot of assets or includes things like trusts building society account ways of jointly owning a home energy crunch -. After youve valued the estate and how much inheritance tax is still left pay..., potentially leaving something for the grandchildren, depending on your relationship with the person who died nearly away! By parents before their death and by heirs after a parents death can help disagreements... Litigation lawyer digits for the parent on your relationship with the estate of person! Interest rates stop rising and how much it 's worth to 10,600, Hoping for a statement... Are often complicated and usually highly emotionally charged nefarious influence over their parents which can lead to disputes... Are not jointly owned how bad will the government keep its state pension triple lock promise, 90 York,... And by heirs after a parents death can help prevent disagreements the others obtain! Claims and pension might change depending on what 's in the UK, can I forced. Personal or financial information like your National Insurance number or credit card details criminal... Fill in other forms depending on the siblings suffices to obtain letters of administration unless there two. Claim to the same for both post and online applications what you needed on our it! Debt can still be recovered from the surviving person a feedback form like! Scheme work Could a revamped scheme work flat or a house can help prevent.! Smoothly as you might not want to or be able to act a claim against the to... Too worried by smart meters - or is surge pricing a threat as they wish amongst their different! Getting their due rights Crime in Florida you spam or share your email address anyone.While these situations portray common scenarios, other issues may arise during the probate process. In some instances, parents elect to give their children different percentages of their estate. Although we are both joint executors he refused to let me have any input into our parents' funerals and went as far as to not invite me to my father's wake then not advise me when our mother went into hospital and died, and not invite me to her funeral.
You might be eligible for financial help. Our founder, Scott E. Rahn, has been named Top 100 Trust and Estate Litigation by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation Trusts and Estates. Take 3 minutes to tell us if you found what you needed on our website. legal advice on a local basis for individuals and businesses alike. Quality Solicitors Organisation Ltd. For example, imagine three brothers inherit a townhome from their parents; Is it sufficient grounds for contesting a will if the deceased was often confused and forgetful? Many probate cases dont go out as smoothly as you might imagine due to their confrontational nature. If your right to live in the UK depends on your relationship with someone who died you might need to apply for a new visa. The following two tabs change content below. You can apply for probate online or by post after youve valued the estate. Even if theres no tax to pay, youll need the value as part of your probate application. This is because every bank and financial organisation has their own rules on how much money they can release before seeing a grant of probate. Inflation hits double digits for the first time since 1982, Will rates keep rising?
Probate problems with siblings are often complicated and usually highly emotionally charged.
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Common examples of differences in the portion of an estate received by siblings include: When a sibling received greater financial support from their parents during the parents life. This will tell creditors they can make a claim against the estate to pay off the debt. As a result, the property has multiple owners who all have a responsible share of ownership. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. We use some essential cookies to make this website work. You can apply online at GOV.UK. To mitigate the risk of your brother having any valid complaint against you in your role as executor you should therefore be entirely transparent about what you wish to do and why. Your tax, benefit claims and pension might change depending on your relationship with the person who died. The energy saving battle: What should you do to save cash? In some circumstances, someone who wants to deal with the estate of someone who has died will have to apply for letters of administration, rather than probate. The executor or administrator (also called the personal representative) takes responsibility for dealing with all of the estate. Government has honoured the pledge and given pensioners a bumper 10.1% rise to 10,600, Hoping for a quick sale? This may be you telling him in writing (so there is a record) that you have to sell the house to pay off the liabilities of the estate and/or because it is deteriorating and you need to preserve the value of the estate as best you can by disposing of the wasting asset. Some grounds to a contest to a durable power of attorney include undue influence, lack of capacity, and duress in the execution of the power of attorney. She may have acted to purposely defraud you, thinking you were out of the way, or else circumstances These are beneficial joint tenancies and tenancies in common. It is worth speaking to a solicitor at the outset so you know exactly what your rights are if she wont co-operate. A buyout allows one sibling to buy out the others and obtain sole ownership of the house. These usually depend upon their dealings, such as how a particular child cared for the parent. Reach outto the business today if you seek aprobate law or litigation lawyer. I have had probate granted in my sole name now since August, but my solicitor has told me I cannot go ahead and sell the property as my brother will still be required to agree. The estate may be made up of: money, both cash and money in a bank or building society account. Contact HMCTS Start a webchat Phone: 0300 303 5856 on weekdays from 8am to 6pm, and on Saturdays from 8am to 2pm Email: contactprobate@justice.gov.uk The Wave's Nick Hounsfield: How I built my surfing dream. Any remaining items can be sold in an estate sale, with the proceeds divided. You can change your cookie settings at any time. VAT number 726 0202 76. Ayodele dies without leaving a will. There are several probate problems among siblings that are critical to addressing. Dont worry we wont send you spam or share your email address with anyone. Otherwise, you may not need probate or letters of administration if: the estate is just made up of cash (that is, bank notes and coins) and personal possessions such as a car, furniture, and jewellery, all the property in the estate is owned as beneficial joint tenants This property automatically becomes wholly owned by the other owner, you discover that the estate is insolvent, that is, there is not enough money in the estate to pay all the debts, taxes and expenses. Youll be told what you need to send. Check if you can get bereavement benefits, Deal with your own benefits, pension and taxes, Check if you need to apply to stay in the UK, Value the estate and check if you need to pay Inheritance Tax, Find out about the Energy Bills Support Scheme, What to do when someone dies: step by step, View a printable version of the whole guide, someone is missing and you think they're dead, Find bereavement services from your local council, Use the Tell Us Once service to tell government, If you cannot use Tell Us Once, tell government yourself, Bereavement Support Payment if your partner has died, Guardian's Allowance if you're bringing up a child whose parents have died, Manage your tax, pensions and benefits if your partner has died, Check how benefits are affected if a child dies, you're in the UK as the partner of a British Citizen or someone with indefinite leave to remain, your partner who died served as a member of HM Forces, Contact UKVI to check the rules for other visas, Estimate the value of the estate to find out if you need to pay Inheritance Tax, Find out how to report the value of the estate, pay any debts left by the person who died, pay tax on any income the estate generates, report the estate value, income and tax liability to HM Revenue and Customs, where to hold financial assets - you can set up a bank account known as an executorship account if needed, rules on making withdrawals or payments from any accounts connected to the estate. While an Estate is in Both the probate/letters of administration and the will are public documents and can be examined by anyone who wants to see them. What Does an Estate Lawyer Do After Death? What's the point in saving when inflation is so high? However, using someone's cards after their death is criminal fraud. The time it takes to get probate or letters of administration varies according to the circumstances.
Courts and Tribunals Service Centre You may have to apply for probate before you can deal with some assets. This website uses cookies to ensure you get the best experience on our websiteGot it! At QualitySolicitors, our Free Initial Assessment promise puts you directly in touch with a local For more information about this service, see What to do after a death.
There are some exceptions to this rule, for example, if the husband, wife or civil partner inherits the estate. Consider the next generation, potentially leaving something for the grandchildren, depending on the siblings present situation. What Are Examples of Executor Misconduct? When will interest rates stop rising and how will it affect you? Weve provided a list of probate thresholds from the most popular financial organisations below: Inside three homes for sale with price tags of 287k, Bentley flicks the switch:The luxury British car brand is heading towards an electric future - and celebrating record sales along the way, I'm in my 30s and don't own a home - but I still shouldn't be one of the half of Britons who haven't made a will, and here is why, writes HELEN CRANE, White van man's new green motor: Ford Transit Courier - its littlest van that's loved by delivery firms and small businesses - will go electric next year. Ask them for confirmation of the value of the money held at the date of death and the amount of income received during the last tax year up to the date of death. Find out about call charges Your sibling is not being difficult, they simply want access to their share of the estate, and, sorry if this sounds harsh, the fault here lies entirely with your mother, if she wanted it to remain in the family with you being able to live there she should have made a Pay any debts or taxes owed by the person who's died. ), Roberts says: "It's a two-stage process: your sister has to show what has happened to the money and then explain why.". Pursuant to Florida law, a sibling with power of attorney must act in the best interest of the incapacitated parent, and cannot use their authority as self-serving. Are we too worried by smart meters - or is surge pricing a threat? Defer to an Independent Fiduciary Siblings can How bad will the energy crunch get - and will it hit you? throughout. You can find your local Probate Registry on GOV.UK. If this is the case, the debt can still be recovered from the surviving person. She may agree to behave differently or to stand down as executor. However, situations may arise where parents opt to leave a particular child a larger portion of their estate. Couples may jointly own their home. The main part of the inheritance is the property which has been left jointly between my brother and I. I am in my 60s and am currently selling my home to move to be closer to my children. I nearly signed away my right as executor as she wanted to do the probate herself, to save us money. She may have acted to purposely defraud you, thinking you were out of the way, or else circumstances may have meant that things got out of control and now she can't admit it. Ayodele and Olujimi own their home as tenants in common. People often have some nefarious influence over their parents which can lead to their siblings not getting their due rights. cost to contact them? Dont include personal or financial information like your National Insurance number or credit card details. You should consider this if the estate has a lot of assets or includes things like trusts. All rights reserved. The person dealing with the estate of the person who has died is called an executor or an administrator. Will you be able to afford the retirement you want? Telephone: 0300 303 0648 An experienced probate litigation attorney can help you navigate family probate problems, and work towards the fair and proper resolution or division of an estate. Some of the most common probate issues between siblings include challenging will or testament and the differences in the estate awarded between To help us improve GOV.UK, wed like to know more about your visit today. office hours can prove impractical. I say this because your solicitor is of the view he still has some kind of standing you should take into account. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. Is 2022 looking bleak for our finances thanks to soaring inflation? Otherwise, you could either instruct a lawyer (actaps.com) who specialises in wills, write a letter to your sister yourself, either requesting a meeting to ask for this information, or ask for it in the letter. In such circumstances, a probate attorney will be required to deal with the conflicts taking place. Webprobate problems with siblings uk. The pound, inflation, rates and energy bills what next? WebIt may help to chat to other parents on our forums to find out how they are dealing with this issue within their family life. Right to buy revival: Could a revamped scheme work? Have you ever wanted to just ask a lawyer if they can help you, without worrying about what it may Many executors and administrators act without a solicitor. However, in more complicated cases, it may take much longer. If the property is to be sold, the mortgage will be paid out of the sale of the property. When someone dies you should try to contact all their creditors. simple! It is curtains for CBI: If lobbying group were to shut up shop, there are far better alternatives for businesses to join, says MAGGIE PAGANO, Boss of David Beckham-backed Guild Esports reckons virtual gaming could be bigger than real sport, Former head of Barclays bank hits back at allegations about his connection to paedophile Jeffrey Epstein, dubbing them 'slanderous and baseless', London float was a bad move for The Hut Group, says boss, as shares in online beauty retailer tank 80% since 2020, Samsung unveils plan to slash computer chip production after its first-quarter profits plunge to their lowest in 14 years, Remain campaigner Roland Rudd set to rake in millions as US private equity eyes stake in his firm FGS Global, State pension goes above 10,000 next week - but has something got to give? If you click on them we may earn a small commission. Annalisa regrets she cannot enter into personal correspondence. When multiple siblings inherit a house, all of them wind up with a share of the property. Could you save hard enough to get financial independence? Should the thundering inflation train lead rates to rise? The property might have a mortgage. As a personal representative (an executor or administrator) youre legally responsible for the money, property and possessions of the person who died (the estates assets). If I don't spend enough time in the UK, can I be forced to become a 'non-dom'? When siblings lay claim to the same assets and cannot agree, one option is to sell the assets and split the proceeds. What I would say to both of you is, try to make sure you are not trying to redress any inequalities you felt there were during your mother's life. They can also check whether the next of kin is entitled to any benefits. WebWhen do siblings inherit? Warning to motorists: Making these seven car checks Tui shares take off as holiday group eyes a 'good summer' Can I start paying into my pension again after the 1.1m lifetime allowance was scrapped in the Budget? As sole executor named Can a 'midlife MOT' help you have a richer future? Audi's new Q8 Sportback e-tron is an electric all-wheel-drive, Lamborghini unveils the Revuelto - its Aventador replacement, Alfa Romeo unveils swish new model fitted with nappy changing unit, Citroen release promo for new car -C4 X Electric, How investing in a VCT can bring a 30% tax break. Have a question or need some help? What you need to know about the 'inflation' Budget. Well send you a link to a feedback form. Contact Annalisa Barbieri, The Guardian, Kings Place, 90 York Way, London N1 9GU or emailannalisa.barbieri@mac.com. What does the tax-cutting mini-Budget mean for you? 06616950, registered in England and Wales. We use some essential cookies to make this website work. Olujimi doesn't have the right to apply for letters of administration but Ife does. This is the same for both post and online applications. For more information about beneficial joint tenancies and tenancies in common, see Buying with someone else in Buying a home. If youre not the only personal representative you should agree with the others: To stop or change benefits payments you can tell the Department for Work and Pensions (DWP) about the death straight away. You usually need probate or letters of administration to deal with an estate if it includes property such as a flat or a house.
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