Deceased estate personal representative?
Apr 8th 2017, 8:02 am
#1
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Deceased estate personal representative?
Hello,
My neighbor was from the UK, his wife however doesn't speak English. He passed away in March. They helped me a lot with my kid, which sort of created a bond between us. So now I am trying to sort out the widow's affairs as a thank you for the help I received from them over the past two years. Yesterday the widow received a letter from HMRC asking for a personal representative. I tried to call the number on the form to inquire of what a representative is and what would be this person's responsibilities. Got no useful answer, so I'm posting here, hoping maybe some of you have been through this (not so happy) experience.
What is the relationship, if any, between personal representative and next of kin?
What is a personal representative supposed to do / what are the obligations involved?
The man I talked to on the phone, said they have no records of their marriage, but everyone else I talked to (state pension, private pension, bank) seemed to have records of their marriage. Does this have an impact / do I need to take any actions?
Can I simply forget about this form?
Thanks in advance for input on this matter.
My neighbor was from the UK, his wife however doesn't speak English. He passed away in March. They helped me a lot with my kid, which sort of created a bond between us. So now I am trying to sort out the widow's affairs as a thank you for the help I received from them over the past two years. Yesterday the widow received a letter from HMRC asking for a personal representative. I tried to call the number on the form to inquire of what a representative is and what would be this person's responsibilities. Got no useful answer, so I'm posting here, hoping maybe some of you have been through this (not so happy) experience.
What is the relationship, if any, between personal representative and next of kin?
What is a personal representative supposed to do / what are the obligations involved?
The man I talked to on the phone, said they have no records of their marriage, but everyone else I talked to (state pension, private pension, bank) seemed to have records of their marriage. Does this have an impact / do I need to take any actions?
Can I simply forget about this form?
Thanks in advance for input on this matter.
Apr 8th 2017, 8:54 am
#2
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Re: Deceased estate personal representative?
Hello,
My neighbor was from the UK, his wife however doesn't speak English. He passed away in March. They helped me a lot with my kid, which sort of created a bond between us. So now I am trying to sort out the widow's affairs as a thank you for the help I received from them over the past two years. Yesterday the widow received a letter from HMRC asking for a personal representative. I tried to call the number on the form to inquire of what a representative is and what would be this person's responsibilities. Got no useful answer, so I'm posting here, hoping maybe some of you have been through this (not so happy) experience.
What is the relationship, if any, between personal representative and next of kin?
What is a personal representative supposed to do / what are the obligations involved?
The man I talked to on the phone, said they have no records of their marriage, but everyone else I talked to (state pension, private pension, bank) seemed to have records of their marriage. Does this have an impact / do I need to take any actions?
Can I simply forget about this form?
Thanks in advance for input on this matter.
My neighbor was from the UK, his wife however doesn't speak English. He passed away in March. They helped me a lot with my kid, which sort of created a bond between us. So now I am trying to sort out the widow's affairs as a thank you for the help I received from them over the past two years. Yesterday the widow received a letter from HMRC asking for a personal representative. I tried to call the number on the form to inquire of what a representative is and what would be this person's responsibilities. Got no useful answer, so I'm posting here, hoping maybe some of you have been through this (not so happy) experience.
What is the relationship, if any, between personal representative and next of kin?
What is a personal representative supposed to do / what are the obligations involved?
The man I talked to on the phone, said they have no records of their marriage, but everyone else I talked to (state pension, private pension, bank) seemed to have records of their marriage. Does this have an impact / do I need to take any actions?
Can I simply forget about this form?
Thanks in advance for input on this matter.
Hi, and welcome to the forum, sorry for the circumstances.
A google search gave this result:
https://www.gov.uk/government/public...-legatees-2016
which explains the meaning of Personal representative from HMRC's point of view.
Is your neighbour French? If so, she won't know the UK concept of Executor as it doesn't exist here. If her husband made a UK Will, he will have named an Executor. If he died intestate, then I don't know. Are any children involved?
In any caes, the widow should consult a Notaire for the French side of things (Succession of French property and assets under French Law...)
Unless she gives you official Procuration (via a Notaire), IMO you can't do more than translate any correspondance between her and the official UK bodies.
Hope this is of some help!
Apr 11th 2017, 9:32 am
#3
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Re: Deceased estate personal representative?
The widow is not French. She is knowledgeable of the French law, so this is none of my concern.
He owned nothing in France, neither did he own anything in the UK. I understand he was married before, and all goods, including the house, were sold at the time of the divorce, many years ago. From then on, his only revenue was the pension and he left the UK soon after the divorce.
There is no will, no life insurance, and no savings accounts. He has two children in the UK, aged about 40 if not older. To my understanding, the pension is not shared.
So, the way I see it, I certainly don't need to tick the executor checkbox and there is no agent involved. It seems to me the only issue is the tax return, and I seriously doubt there's anything to pay or return, since he had only one source of revenue (the pension) and taxation is linear, proportional and at the source.
My hesitation is related to the fact that since there's nothing left from him, the only thing that filling this form could bring is more bureaucracy, she will most certainly hand it over to me, and I have other things to do as well, aside from filling forms. What I'd like to know is what happens if she agrees to be the personal representative, if there will be a bureaucratic followup or not, and if there is a financial impact to filling this form. It would also be useful to know what happens if she doesn't fill the form, and leaves things as they are, given that, at a practical level, there is no stake - or at least it appears so.
He owned nothing in France, neither did he own anything in the UK. I understand he was married before, and all goods, including the house, were sold at the time of the divorce, many years ago. From then on, his only revenue was the pension and he left the UK soon after the divorce.
There is no will, no life insurance, and no savings accounts. He has two children in the UK, aged about 40 if not older. To my understanding, the pension is not shared.
So, the way I see it, I certainly don't need to tick the executor checkbox and there is no agent involved. It seems to me the only issue is the tax return, and I seriously doubt there's anything to pay or return, since he had only one source of revenue (the pension) and taxation is linear, proportional and at the source.
My hesitation is related to the fact that since there's nothing left from him, the only thing that filling this form could bring is more bureaucracy, she will most certainly hand it over to me, and I have other things to do as well, aside from filling forms. What I'd like to know is what happens if she agrees to be the personal representative, if there will be a bureaucratic followup or not, and if there is a financial impact to filling this form. It would also be useful to know what happens if she doesn't fill the form, and leaves things as they are, given that, at a practical level, there is no stake - or at least it appears so.
Apr 11th 2017, 10:02 am
#4
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Location: Hérault (34)
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Re: Deceased estate personal representative?
The widow is not French. She is knowledgeable of the French law, so this is none of my concern.
He owned nothing in France, neither did he own anything in the UK. I understand he was married before, and all goods, including the house, were sold at the time of the divorce, many years ago. From then on, his only revenue was the pension and he left the UK soon after the divorce.
There is no will, no life insurance, and no savings accounts. He has two children in the UK, aged about 40 if not older. To my understanding, the pension is not shared.
So, the way I see it, I certainly don't need to tick the executor checkbox and there is no agent involved. It seems to me the only issue is the tax return, and I seriously doubt there's anything to pay or return, since he had only one source of revenue (the pension) and taxation is linear, proportional and at the source.
My hesitation is related to the fact that since there's nothing left from him, the only thing that filling this form could bring is more bureaucracy, she will most certainly hand it over to me, and I have other things to do as well, aside from filling forms. What I'd like to know is what happens if she agrees to be the personal representative, if there will be a bureaucratic followup or not, and if there is a financial impact to filling this form. It would also be useful to know what happens if she doesn't fill the form, and leaves things as they are, given that, at a practical level, there is no stake - or at least it appears so.
He owned nothing in France, neither did he own anything in the UK. I understand he was married before, and all goods, including the house, were sold at the time of the divorce, many years ago. From then on, his only revenue was the pension and he left the UK soon after the divorce.
There is no will, no life insurance, and no savings accounts. He has two children in the UK, aged about 40 if not older. To my understanding, the pension is not shared.
So, the way I see it, I certainly don't need to tick the executor checkbox and there is no agent involved. It seems to me the only issue is the tax return, and I seriously doubt there's anything to pay or return, since he had only one source of revenue (the pension) and taxation is linear, proportional and at the source.
My hesitation is related to the fact that since there's nothing left from him, the only thing that filling this form could bring is more bureaucracy, she will most certainly hand it over to me, and I have other things to do as well, aside from filling forms. What I'd like to know is what happens if she agrees to be the personal representative, if there will be a bureaucratic followup or not, and if there is a financial impact to filling this form. It would also be useful to know what happens if she doesn't fill the form, and leaves things as they are, given that, at a practical level, there is no stake - or at least it appears so.
Sorry I can't do more than advise your neighbour to contact the adult children, or declare herself, as spouse, the Personal Representative (supplying their Marriage Certificate), and hope for the best. Up to you to decide whether to continue to accompany her in these steps....
As an aside, she must have her own source of income? and is in the French "System" (Fisc and S.S.)? And hopefully she knows the French Rules & Regulations sufficiently to inform all the various French Authorities/organisations/bank, that she is now a widow...
Apr 11th 2017, 11:45 am
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Re: Deceased estate personal representative?
[...]Not shared through the divorce settlement = the widow gets it all. Wrong order of words, my mistake.
The widow gets the widow's pension. That part of the paperwork I've done already. This representative thingie hopefully is the last item I need to do (or to decide not to do).
The widow gets the widow's pension. That part of the paperwork I've done already. This representative thingie hopefully is the last item I need to do (or to decide not to do).
Apr 11th 2017, 12:07 pm
#6
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Re: Deceased estate personal representative?
[...]Not shared through the divorce settlement = the widow gets it all. Wrong order of words, my mistake.
The widow gets the widow's pension. That part of the paperwork I've done already. This representative thingie hopefully is the last item I need to do (or to decide not to do).
The widow gets the widow's pension. That part of the paperwork I've done already. This representative thingie hopefully is the last item I need to do (or to decide not to do).
It doesn't look as though any one on the forum has been through this, so I suggest that your neighbour chooses between contacting the children or ticking the Personal Representative box in her name.
Apr 11th 2017, 12:57 pm
#7
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Re: Deceased estate personal representative?
When he died, she brought all the papers over so I sort them. I found a decree absolute or smth like this, that has a fine print, saying from that day on, any civil matters including inheritance, should be treated as if the spouse were dead. The wording is somewhat unnerving, but I assume the phrase means that, unlike the French law, the UK law does not provide with pension sharing by default.
Anyway, thanks for your input and best wishes.
Anyway, thanks for your input and best wishes.
