Bereavement Advice. Help and understanding from the Halifax and Bank of Scotland

Transcription

1 Bereavement Advice Help and understanding from the Halifax and Bank of Scotland

2 Glossary of Terms Unavoidably, we ve had to use a number of technical terms in this booklet. This glossary is a useful guide. Abbreviated Extract of Death Certificate A document issued by the Registrar at the time of death registration (excluding cause of death and parentage details) and provided free of charge (in Scotland). Administrator (Executor Dative in Scotland) The personal representative if there is no will or if there is a will and the named executors are unable to act. In Scotland the Executor Dative is appointed through the Courts. They will usually have to obtain letters of administration (confirmation in Scotland) from the Probate Registry, or Sheriff Court/ Commissary Office authorising them to deal with the estate. Assets Property, securities and money belonging to a person or organisation, which may be used for the payment of debts. Beneficiaries An individual, institution, trustee, or estate which receives, or may become eligible to receive benefits under a will or on intestacy. Confirmation In Scotland this is what is required by a person wishing to prove their right to administer the deceased s estate. Death Certificate A certified copy of the entry in the death register. The Registrar will be able to provide a number of certified copies or extracts to save you time when registering claims with any organisations such as Insurance companies. Deed A legal document relating to an asset, usually involving property. Estate The money, property and possessions of the person who has died. Executor (Executor Nominate in Scotland) The individual(s) named in the will by the person who has died. They may have to obtain probate or confirmation from the Probate Registry or Sheriff Court Commissary Office authorising them to deal with the estate. Grant of Representation This is what a person wishing to prove their right to administer the deceased's estate must obtain. In England, Wales and Northern Ireland, the two most common forms of grants of representation are probate and letters of administration. Intestacy The condition of the estate of a person who dies without having made a valid will. Letters of Administration In England and Wales formal permission and the legal right for the administrators to deal with an estate. Known as a grant, it is issued by the Probate Registry. Liabilities Debts or obligations. Net Estate The value of the estate after deducting tax, debts and funeral expenses. Personal Representatives The individual or firm (for example, the bank or solicitors) that deals with the estate, are usually the executors or administrators. They are responsible for paying all debts, taxes and expenses from the estate including the cost of the funeral and for distributing the estate to the beneficiaries. Probate/Confirmation The process of proving the will at the Probate or Registry Office. It gives the executors a legal right to deal with the estate, and involves their formal promise to do so properly as instructed by the will. In England the probate is filed with the will itself at the main Probate Registry in London or at one of the District Registries in England or Wales. Statutory declaration (England) A formal statement made in a prescribed form witnessed by a solicitor or Commissioner for Oaths under the Statutory Declarations Act Will A legal document that gives instructions for what should happen to the estate of the person who has died. It can also contain details of their wishes for burial or cremation. It usually names the executors.

3 We'll do everything we can to help Losing someone close to you is a particularly difficult and confusing time. It can be hard to know where to start. We recognise you will have a lot to do. We will help by making it as simple as possible to deal with us, whether it is rearranging or closing accounts, quickly providing funds to pay for urgent expenses or giving you clear, simple advice. We will do everything we can to help. 1

4 Contents Legal Matters What to do first 3 Registering the death 4 Probate, letters of administration and confirmation 5 Financial matters 6 The estate checklist 7 Halifax and Bank of Scotland Payment of urgent expenses 8 Halifax and Bank of Scotland accounts 9 Halifax accounts 10 Bank of Scotland accounts 11 Accounts with other organisations 12 Life assurance, insurance, pension, savings and investment policies 13 Financial advice 14 How to get the documents you need 15 Your questions answered What to do next 19 Useful contacts

5 What to do first Whether you are the next of kin, a close relative, friend or executor, there will be a certain amount of paperwork to complete to settle the estate. Whilst you are waiting for the estate to be settled, you may have to meet expenses such as funeral costs or pay inheritance tax. Simply tell us your needs and we will explain what we can do for you. >See page 8 There may be a will, expressing the wishes of the deceased concerning the estate. The will usually names the person or persons who will administer the estate and this person is known as an executor or executor nominate (in Scotland). The will may also set out specific wishes regarding funeral arrangements. The funeral director will take responsibility for all the arrangements, as well as offering you guidance and advice. If there is no will, arrangements for the disposal of the estate are provided for in a set of rules, which apply in these circumstances. These include the appointment of a person, usually a relative, to administer the estate. This person is called an administrator or executor dative (in Scotland) as appointed by the Sheriff Court/Commissary Office. Here are some important steps an administrator or executor might need to take: Dealing with urgent expenses. Obtaining legal documents giving them power to make and receive payments from the estate. >See page 5 Arranging the funeral and paying costs. Drawing up an inventory of the full assets of the estate. >See page 7 Finding out if any money is due to beneficiaries from pension schemes, life assurance policies and so on. A pension or life policy does not always form part of the estate. If any trusts are created in the will, appointing trustees to protect the beneficiaries. Liaising with the HM Revenue & Customs (completing any tax returns), Department of Work and Pensions and others. Paying any inheritance tax. >See page 8 The laws on wills and inheritance can be complex. If you feel you need expert advice, contact a solicitor or Citizens Advice Bureau. There is also a useful guide available called What to do after a death. This is available free of charge, from local registration offices, social security offices, job centres or Citizens Advice Bureau. Registering the death. >See page 4 3

6 Registering the death You ll need to see your local Registrar within five days of the death or eight days in Scotland. The name and address of the Registrar can be found in the phone book under Registration of Births, Deaths and Marriages, or can be provided by a doctor, hospital, or post office. When visiting the Registrar, take with you: When registering the death, you may want to obtain several copies of the Death Certificate. The cost increases if you need more at a later date and you may find it useful to purchase a number of copies particularly if there are savings and investments held with several financial organisations. Medical Certificate of Death. Any certificate or document relating to any pension or allowances, which the person was receiving from public funds. NHS medical card, if available. The person's birth and marriage or civil partnership certificates, if available. You ll be asked to give the Registrar some details about the deceased, such as date and place of birth, occupation, address and date and place of death. The Registrar will then record the death in the UK Register of Births and Deaths. The Registrar will give you a Death Certificate and you may have to pay a fee. 4

7 Probate, letters of administration and confirmation When someone dies, the person responsible for handling the deceased's estate may need to apply for Grant of Representation/Confirmation. The most common forms of Grants of Representation are called Grant of Probate or Grant of Letters of Administration. The Grant of Representation/Confirmation gives authority to take charge of all the property and possessions of the estate and distribute them according to the wishes expressed in the will or provided for in the intestacy rules. Some people choose to pay a solicitor to arrange this for them, as it involves listing details of the value of the estate, which can be a difficult and lengthy process. Others choose to apply for the grant themselves. Generally, the larger the estate the more assets there are and the more complicated it can be. Applying yourself If you live in England, Wales or Northern Ireland, you need to apply to your local Probate Registry for one of the following documents: Grant of Probate (if there's a will) appointing one or more executors. Letters of Administration (if there isn't a will) appointing one or more administrators. If you live in Scotland, you need to apply to the local Sheriff Court for Confirmation. You can get the address and telephone number of the local probate Registrar or Sheriff Court (if you live in Scotland) from the Yellow Pages or ask Directory Enquiries or any Citizens Advice Bureau. Where the total value of possessions is relatively small, the Registrar or local Sheriff Clerk (in Scotland) may be able to guide you. If in any doubt, you should seek advice from a solicitor or Citizens Advice Bureau. 5

8 Financial matters When it comes to sorting out the financial affairs, you will need to contact the individual companies concerned to find out what to do. You may wish to phone them first, rather than write, to confirm what documentation they require. You should find phone numbers on documents relating to the account or policy. If more than one account or policy is held with the same company, it is worthwhile checking the paperwork relating to each account or policy as they could be administered at different offices around the country. Foreign Death Certificate (if applicable) Coroner s Interim Certificate Coroner s Letter Grant of Probate Grant of Letters of Administration Confirmation Will Trust documentation When you phone, have the account or policy information to hand, so you can quote details like reference numbers. It is likely the company will then write advising you exactly what information and documents they require and where to send them. Here is a list of the most common documents, financial organisations will request to see, where relevant: Death Certificate Abbreviated Extract of Death Certificate (in Scotland) 6

9 The estate checklist To work out whether there is Inheritance Tax to pay you will need to know the value of the estate. For this, in essence the estate is everything the deceased owned, less anything owed. If you are applying for a Grant of Representation or Confirmation (in Scotland) you will need to make a list of the assets and liabilities so that you know what needs to be dealt with. You may consider it appropriate to seek advice from a solicitor or the Citizens Advice Bureau, and the following checklist may be helpful to assist working out the value of the estate. Assets Property Value Financial Current accounts Savings accounts Investment plans Life assurance plans Pensions Income from trusts National savings Premium bonds Stocks and shares Offshore accounts Cash Outstanding salary Business holdings Gifts made within the last 7 years Total Assets (+) Value Main Home Holiday home(s) (in the UK and/or abroad) Liabilities Properties being let Rents from property Outstanding balances Value Business premises Land Mortgage Personal loans Credit cards Store cards etc Valuables Value Hire purchase agreements Unpaid bills Antiques & paintings Jewellery Car(s) House contents Funeral expenses Probate costs Other Total Liabilities (-) Personal belongings Other Net Value of Estate (Total assets less total liabilities) 7

10 Payment of urgent expenses If you need money urgently, you may be able to get a cheque drawn from most Halifax and Bank of Scotland banking and savings accounts held by the deceased. If the accounts are held with Halifax or Bank of Scotland and you require funds for funeral costs or other urgent expenses before legal documents are obtained, simply give us a letter saying you have applied or are going to apply for Grant of Representation/Confirmation and enclose the original invoices that require payment. Where we are able, we would make cheques payable to the funeral director or HM Revenue & Customs, HM Paymaster or the Scottish Court Service, as appropriate. If you have any queries just ask and we'll help you all we can. 8

11 Halifax and Bank of Scotland accounts If you require help and advice you can telephone our dedicated Bereaved Service Centre on * or call into any of our Halifax or Bank of Scotland branches to make an appointment. You will find it useful to bring the following documents with you: Two forms of identification for you, one for name and one for address Original Death Certificate or Abbreviated Extract of Death Certificate (in Scotland) Account passbooks, cheque books, cash cards etc. For urgent expenses, any invoices that need paying Probate, Letters of Administration or Confirmation the Peace, Commissioner of Oaths or Notary Public (Scotland): All Halifax and/or Bank of Scotland banking and savings accounts All Halifax Share Dealing accounts Halifax Financial Services Investment plans York administered only Halifax Financial Services Investment plans Aylesbury administered only You may find it useful to list on the following pages all the Halifax or Bank of Scotland accounts you want us to deal with. There is also a separate table for you to list accounts held with other organisations. If you are applying for Grant of Probate, Grant of Letters of Administration or Confirmation or there is a total balance of more than 20,000 held in one or more of the following accounts, then we will need to see the original document in order to close accounts, plans or share holdings. If the deceased was the sole account holder and there is a total of less than 20,000 in each of the following Halifax and Bank of Scotland account types, we will ask the executor or beneficiary entitled to the estate, to complete a statutory declaration form. If the balance on any of the following accounts is more than 5,000 but less than 20,000, this form will need to be witnessed by a Solicitor, Justice of *Calls from BT landlines will cost a maximum of 4p per minute plus a 6p call set-up fee. The prices of calls from other telephone companies will vary. The call price is correct at January

12 Halifax accounts Type of account Account/roll number Balance Notes/documents received Current Account or card account Saving(s) Mortgage Insurance HBOS Shares Credit Card(s) Personal Loan(s) Investment Plan Life Assurance Plan Others 10

13 Bank of Scotland accounts Type of account Account/roll number Balance Notes/documents received Current Account or card account Saving(s) Mortgage Insurance HBOS Shares Credit Card(s) Personal Loan(s) Investment Plan Life Assurance Plan Others 11

14 Accounts held with other organisations Type of account Account/roll number Balance Notes/documents received Current Account or card account Saving(s) Mortgage Insurance Shares Credit Card(s) Personal Loan(s) Investment Plan Life Assurance Plan Others 12

15 Life assurance, insurance, pension, savings and investment policies Halifax Financial Services Halifax life assurance, pension, investment and savings plans (including the stocks and shares ISA) are administered at two offices in York and Aylesbury. To find out more about making a claim, simply contact us on the telephone number quoted on the plan documents. Please quote the plan number that begins with 14/. TMPP Life Insurance To claim on a TMPP Life Insurance Plan, simply telephone the Claims unit on * to register the claim. If you do not have this information, you can telephone the dedicated Bereaved Service Centre on * who will be able to help you. Halifax Home insurance To amend any home insurance policy, just telephone * or if you prefer, write to us at Halifax General Insurance Services Ltd, PO Box 318, Halifax HX1 2RG and we will make the necessary arrangements for you. Halifax Car Insurance If the deceased was the policyholder or a named driver on a Halifax Car Insurance policy, simply phone Customer Services on * or write to us at Customer Services, Halifax Car Insurance, The Observatory, Reigate, Surrey, RH2 0SG. We will advise you of your options and then make the necessary arrangements. *Calls from BT landlines will cost a maximum of 4p per minute plus a 6p call set-up fee. The price of calls from other telephone companies will vary. The call price is correct at January

16 Financial advice If you need advice regarding bank accounts, savings accounts or mortgages, contact any of our Halifax or Bank of Scotland branches. We also have financial advisers who are able to offer both investment and estate planning advice. Our financial advisers, in conjunction with your solicitor, can provide guidance and in some cases, solutions to either reduce Inheritance Tax liability or put in place arrangements that will avoid a further liability being created. We can provide advice on what to do with any investment plans, shares or policies held by the deceased and explain all your options. For example, you may want to keep savings and investments temporarily invested, so that they continue to earn interest until the estate has been settled. If you are a beneficiary and you have money coming from insurance policies, we can open an instant access account for you to keep the funds safe. If you think it would help to have a financial review, contact us on * or call into any Halifax or Bank of Scotland branches. *Calls from BT landlines will cost a maximum of 4p per minute plus a 6p call set-up fee. The price of calls from other telephone companies will vary. The call price is correct at January

17 How to get the documents you need Document Statutory declaration or small estate form for banking and savings accounts Small estates declaration form for HBOS shares held in a shareholder account (reference numbers prefixed with I or C) Halifax Financial Services claim forms Other company shares (including HBOS shares) held in a Halifax Share Dealing Account, PEP or ISA (reference numbers prefixed with D or B) Birth and marriage certificates Halifax or Bank of Scotland documents How to get the documents you need Available from any of our Halifax and Bank of Scotland branches or call the dedicated Bereaved Service Centre on * Write to the Computershare Investor Services at PO Box 1909, Bristol, BS99 7DS or phone on ** Details of which office deals with the plan can be found on any plan documents. Simply contact us on the telephone number stated on the documents. Please write to Halifax Share Dealing, Trinity Road, Halifax HX1 2RG or phone on * If you cannot find the original certificates, you can get duplicates from the Registrar's office where the birth or marriage was registered. If you do not know where they were registered, contact the General Register Office as detailed on page 20 These include savings account passbooks, certificates of investment, cheque books, cash cards and credit cards. We will need them to close or transfer the accounts, or transfer assets or debts. If you can't find them all, don't worry. Just tell us and we will advise you what to do. *Calls from BT landlines will cost a maximum of 4p per minute plus a 6p call set-up fee. The price of calls from other telephone companies will vary. The call price is correct at January **Calls from BT landlines will cost a maximum of 8p per minute plus a 6p call set-up fee. The prices of calls from other telephone companies will vary. The call price is correct at January

18 Your questions answered We will try to answer any queries you may have, and explain anything you are not sure about. To help with this, we have created a frequently asked questions section below. What s the difference between an executor and administrator? An executor or executor nominate (in Scotland) carries out the wishes expressed in the will and administers the estate. An administrator or executor dative (in Scotland) is appointed by the Court to administer the estate where there is no will or the executor(s) named in the will is unable or unwilling to act. Is probate/confirmation always necessary? We will need to see a Grant of Probate, Grant of Letters of Administration or Certificate of Confirmation (in Scotland) in order to close accounts, plans or share holdings, if: you are obtaining probate/confirmation for other financial organisations, or there is a total balance of more than 20,000 held in one or more of the following Halifax and Bank of Scotland account types: All Halifax and/or Bank of Scotland banking and savings accounts All Halifax Share Dealing accounts 16 Halifax Financial Services Investment plans York administered Halifax Financial Services Investment plans Aylesbury administered Other banks/building societies may have different limits. Will there be any inheritance tax to pay? There may be a liability for inheritance tax depending on the value of the estate. You can contact the Probate and Inheritance Tax Helpline on * to find out the current inheritance tax threshold. This is a complicated area where our financial advisers, in conjunction with your solicitor, can provide guidance and in some cases, solutions to reduce the potential liability. What about withdrawing funds from joint bank accounts? In most cases, the surviving account holder can continue to make withdrawals in the usual way and any joint accounts will be changed to a sole name. Where this is not the case, we will advise what options are available. What happens to standing orders and direct debits? We will cancel all standing orders and direct debits from accounts held in the sole name of the deceased.

19 If you are a joint account holder, simply tell us if you want to cancel or change any direct debits or standing orders and we will take care of them. What happens to the mortgage? This depends on how the mortgage has been set up, whether it's in joint names or the sole name of the deceased. If the mortgage is in the sole name of the deceased, we will need to talk to the executor or administrator, for joint mortgages we will be able to provide further advice. If the mortgage has already been paid off (apart from a small balance), we may be storing the deeds to the property under our Deedstore scheme. Ask us to check for you. What happens to tax-free investments? The tax-free status ends on the date of the holder's death. We will explain to you what action needs to be taken. What about an outstanding personal loan? If the loan is covered by insurance, we will tell you how to make a claim to repay the loan. If not, we will arrange with you for the loan to be repaid from the estate. If the loan was taken out in joint names, the surviving account holder can continue making the usual payments or repay the loan. What to do if a death occurs outside the UK If the estate is under 5,000 We will require the original Death Certificate and a signed Statutory Declaration Form regardless of where the customer passed away. If the estate is between 5,000 and 20,000 - If the death was within the EU, we require the original Death Certificate and a signed Statutory Declaration Form witnessed by a Solicitor, Justice of the Peace, Notary Public or Commissioner of Oaths. - If the death was outside the EU, we require the original Death Certificate to be certified by the HM Consular Office for the country in which the death occurred and where the Death Certificate was issued and a signed Statutory Declaration Form witnessed by a Solicitor, Justice of the Peace, Notary Public or Commissioner of Oaths. If the estate is over 20,000 We will require the original Grant of Representation/Confirmation. If the Grant of Representation/Confirmation was obtained outside the UK it may be possible for it to be resealed in the UK if it was made in one of the countries listed in the Colonial Probates Act 1892, otherwise a further Grant of Representation/Confirmation will be required to deal with the deceased's estate in the UK. 17

20 What do I do about credit cards? With Halifax and Bank of Scotland credit cards, you should destroy them by cutting them in two and return them to us. The account(s) will then be closed. If there is money still owing on the card, and the account is covered by Credit Card Repayment Insurance, you don t have to do anything you can leave it to us to deal directly with the insurance company. If the account isn't covered by insurance, we will advise you about settling any outstanding balances from the estate. If you were an authorised user on the credit card account, you may wish to apply for a new credit card account in your own name. If you have any further questions, please contact our dedicated Bereaved Service Centre on * for help and advice. *Calls from BT landlines will cost a maximum of 4p per minute plus a 6p call set-up fee. The price of calls from other telephone companies will vary. The call price is correct at January

21 What to do next When you are ready, you can telephone our dedicated Bereaved Service Centre on * or call into any of our Halifax or Bank of Scotland branches to make an appointment to see us. We will explain what you need to do and confirm what documents you need to bring with you. In time, there will also be other considerations and decisions to be made. For instance, if you are a beneficiary, you may find yourself in possession of a sum of money and want advice on how to manage it. We can arrange a meeting at your nearest Halifax or Bank of Scotland branch to explain your options, taking into account your circumstances and needs. We can give you the benefit of our expert advice and help you plan to secure your future. Whatever your needs, you can rely on us to help you through this difficult time. *Calls from BT landlines will cost a maximum of 4p per minute plus a 6p call set-up fee. The price of calls from other telephone companies will vary. The call price is correct at January

22 Useful contacts Halifax & Bank of Scotland Bereaved Service Centre Tel: * Halifax Car Insurance Customer Services, Halifax Car Insurance, The Observatory, Reigate, Surrey RH2 0SG Tel: * Halifax Financial Adviser appointments Tel: * Halifax Financial Services Administration Centre Aylesbury PO Box 10, Walton Street, Aylesbury HP21 7GD Tel: ** Halifax Financial Services Administration Centre York PO Box 285, York YO90 1HX Tel: Halifax General Insurance PO Box 318, Halifax HX1 2RG Tel: * Halifax Insurance Ireland Ltd TMPP Life Insurance Claims Unit Dromore House, East Park, Shannon, Co Clare Tel: * Halifax Share Dealing Trinity Road, Halifax HX1 2RG Tel: * Halifax Share PEP Halifax Investment Services Limited, Mellon House, Ingrave Road, Brentwood CM15 8TG Tel: ** Computershare Investor Services PO Box 1909, Bristol BS99 7DS Tel: ** PEP s, Stocks and Shares ISA s & Investments Halifax Investment Fund Managers Limited, PO Box 285, York YO90 1HX Tel: Support Services Benefits Agency (DSS) Your nearest office will be in the Phone Book Citizens Advice Bureau You ll find your local office in the Phone Book Cruse Bereavement Care Tel: * General Register Office for England & Wales Smedley Hydro, Trafalgar Road, Southport, Merseyside PR8 2HH Tel: * General Register Office for Scotland Ladywell House, Ladywell Road, Edinburgh EH12 7TF Tel: Her Majesty's Revenue & Customs or look in the Phone Book for you local Tax Office National Association of Widows Tel: * 20

23 Probate and Inheritance Tax Helpline Tel: * The National Society of Allied and Independent Funeral Directors (SAIF) Tel: * This website provides further useful information under their Consumer s Guide to Funerals. *Calls from BT landlines will cost a maximum of 4p per minute plus a 6p call set-up fee. The price of calls from other telephone companies will vary. The call price is correct at January **Calls from BT landlines will cost a maximum of 8p per minute plus a 6p call set-up fee. The prices of calls from other telephone companies will vary. The call price is correct at January

24 Additional needs We are committed to meeting the needs to all our customers. If you have a hearing or speech impairment contact us using Textphone on * (lines open 9am-5.30pm, 7 days a week). For visually impaired customers, we can provide documents in large print, Braille or on audio cassette. Please speak to a member of staff. We may monitor and record calls to help us improve our level of service. We may record calls to resolve any queries or complaints. Customer complaints Our aim is to please but we know that sometimes things go wrong. If you have a problem, we want to know. A colleague will be happy to help either over the phone or at a branch. A copy of our complaints procedure is available on request. Complaints we cannot settle may be referred to the Financial Ombudsman Service. *Calls from BT landlines will cost a maximum of 4p per minute plus a 6p call set-up fee. The price of calls from other telephone companies will vary. The call price is correct at January Bank of Scotland plc. Registered in Scotland No. SC Registered Office: The Mound, Edinburgh EH1 1YZ. Halifax is a division of Bank of Scotland plc. 1/ (01/08)