Understanding the Will Process: A Guide for Families

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When someone close to us dies, the practical questions can feel overwhelming. Alongside grief, there’s paperwork, decisions, and responsibilities. This guide walks through the essentials of the will process, focusing on the questions families most often ask.

A will is a legal document that sets out how someone’s estate (their money, property, and possessions) should be handled after death. It’s usually kept with:

• A solicitor or law firm
• A bank’s safe deposit box
• At home, in a safe or filing cabinet

 If you’re unsure, check with their solicitor, bank, or look among their personal papers. 

The executor is the person named in the will to carry out its instructions. Their role includes: 

• Registering the death and applying for probate (legal permission to manage the estate)
• Collecting assets (bank accounts, property, pensions)
• Paying debts and taxes
• Distributing what remains according to the will
• Executors can be family members, friends, or professionals such as solicitors.

If someone dies without a will, they are said to have died intestate. In this case:

• The law decides who inherits, following a strict order (spouse, children, parents, siblings, etc.).
• The court appoints an administrator to manage the estate, similar to an executor.
• This can be more complicated and may take longer, so families often seek legal advice.

Banks and financial institutions will freeze accounts once they’re notified of a death. To access funds:

• You’ll need the death certificate.
• Executors or administrators must apply for probate (or letters of administration if no will).
• Once granted, probate gives legal authority to close accounts, transfer money, and claim pensions or insurance.
• Some banks release small balances without probate, but larger estates require it.

• Debts are paid from the estate, not from family members’ personal money. Executors/administrators must settle outstanding bills before distributing assets. Exceptions:
• Joint debts (like a shared mortgage or loan) may pass to the surviving borrower.
• Guarantor agreements also remain binding.
• If the estate cannot cover all debts, creditors are paid in a set legal order, and some debts may go unpaid.

Dealing with wills and estates is rarely straightforward, but knowing the basics helps families feel more prepared. The key steps are:

1. Locate the will (if there is one).
2. Identify the executor or administrator.
3. Apply for probate or letters of administration.
4. Settle debts before distributing assets.

At Memento Mori, we believe clarity and honesty matter most. Families deserve practical guidance that cuts through jargon and helps them focus on what really matters: honouring their loved one’s life.