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What happens to your money after you die?

John Fitzsimons
by Lovemoney Staff John Fitzsimons on 12 October 2012  |  Comments 21 comments

What you do while you're alive has a huge bearing on how much of your cash your loved ones get - so read this before it's too late.

What happens to your money after you die?

Death. It's not a nice subject, but it is important to put some thought and preparation into the way you organise your finances now, for when the time comes. A bit of research and work can make a big difference to just how much money your loved ones have once you're gone.

The Will

Let's start with a positive.

When you write a Will, one or more executors will be named - these are the people in charge of dealing with your money and assets once you've passed away. Chances are your money will go into probate - basically the process of dividing up your assets, and where they should go. This process can take up to six months, and applies to all estates of more than £5,000.

The executor is then tasked with valuing the estate, and handing out the cash as instructed in the Will. However, there are a number of costs that may affect just how much cash the family members get.

Check out Make a Will without the solicitor’s fees for more on how to cut the cost of writing a Will and Your Will could be useless or dangerous! for what happens to your cash if you die without a valif Will in place.

Life insurance

Life insurance isn't necessary for everyone of course, but if you have any dependents who rely on the money you bring in each month, it is essential, even more so if you have a mortgage.

It goes without saying that as soon as you pop your clogs, your family should be making a claim on your insurance policy, particularly as it may take some time before your loved ones get their hands on that cash.

Typically, that life insurance payout will go into your estate, and can take up to six months to be delivered to your family.

The way around this is to have your policy written in trust, which will ensure that the money goes straight to the named beneficiaries rather than to your estate. Be sure to read Save your family thousands in taxes for more on trusts.

Inheritance Tax

OK, onto some of the bad news. The reason that your executor will have to value your estate is so that it can be worked out whether you are liable to pay Inheritance Tax.

There are very few taxes that rile people as much as Inheritance Tax - I know it always sparks a row in my family - but whatever your views, it pays to plan ahead.

As things stand, if your estate is valued at more than £325,000, you'll pay 40% tax on every penny above that threshold. You can leave your estate to your spouse without paying Inheritance Tax, essentially forming a 'couples' band of £650,000.

So before your loved ones can get the cash that you have left to them, this bill will have to be settled.

Read How to cut your Inheritance Tax bill.

The pension pot

What happens to the money you have built up in your pension pot over the course of your life depends entirely on what sort of retirement funding you actually go for.

If you die before the age of 65, and your cash is stored away in a SIPP or personal pension, your fund will be given to your family, completely free of tax. Your family cannot keep the pot as a pension, however, they must take it as a lump sum.

Things can be slightly different with occupational pensions. Exactly what happens next depends on the type of occupational scheme you're in.

If it's salary-related and you're still making contributions, you may enjoy one of the following, depending on your precise scheme:

  • a return of all of your contributions, usually repaid without interest 
  • a tax-free lump sum of up to four times the salary you were getting at the time of your death
  • a pension for your spouse, civil partner or another dependant – the amount will be stated in the scheme’s rules

If it's salary-related, but you've stopped making contributions (perhaps because you have left the company) then your dependents don't get such a good deal. An income must be provided to them so long as you are married or in a civil partnership and the scheme is providing benefits instead of the Additional State Pension.

What if you die after you have reached retirement age, and cashed in your pot for a traditional annuity? What happens then? The answer depends on whether your annuity has a guarantee period. Unsurprisingly, this guarantees that the annuity will continue to dish out some cash for a specific period, even if you die halfway through that period. Your family can choose to have that money paid out on a monthly basis, or in a lump sum to your estate.

A further way of protecting your annuity is to go for the catchily titled annuity protection lump sum death benefit. Should you die before the age of 75 a lump sum equivalent to the amount you used to buy an annuity, less any income you've received, will be paid to your estate or beneficiaries.

However, if you have a normal annuity without these features, your money will go to your provider and not your loved ones.

If you instead go for an income drawdown pension after retirement, and die before the age of 75, your dependents will be able to get your cash in a lump sum, though this is taxed at 55%. It really does all come down to which type of pension and annuity you go for, so be sure you research what happens to your money once you die before you sign up.

What happens to my debts?

The UK Insolvency Helpline says that it receives absolutely loads of calls about this subject each year, and it's an understandable issue to be concerned about.

The first thing to be clear about is that the debts do not just disappear after death. Generally the estate will pay off the outstanding debts before the cash is then dished out to the family and friends. The only times that individual family members will be liable for a debt you owed before you died is if the loan or credit was taken out jointly. That's why it's essential to take out life insurance if you have a joint mortgage, for example, as that way you can be sure your partner won't be turfed out of his or her home at the worst possible.

Read What happens to your debts when you die?

What happens if I am owed money?

Again, this falls to the executor. If there is an agreement in writing that you are owed money, this should be easy enough to enforce, though if the money was lent on a casual, informal basis, then it's unlikely your estate will be able to regain that money.

The situation with business debts, should you own a company is a touch more complicated. It can get a bit tricky legally, so the best thing to do is get advice from an organisation like the Citizens Advice Bureau.

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Comments (21)

  • LandOfConfusion
    Love rating 64
    LandOfConfusion said

    Not bad. It's nice to see that LoveMoney has started tackling some of the more advanced and obscure parts of the world of day to day finance.

    Well done.

    Report on 25 February 2010  |  Love thisLove  0 loves
  • glads69
    Love rating 13
    glads69 said

    I agree that these are useful pieces. A series of articles de-mystifying pensions and the laws/regs governing them would be very welcome, too.

    Report on 25 February 2010  |  Love thisLove  0 loves
  • Mike10613
    Love rating 600
    Mike10613 said

    If you want to write your own will, Google for the guide from the Plain English campaign. It's easy to write your will, unless you have some complicated bequest. It will also be easy to understand and unambiguous. You will need a couple of witnesses though, although the will isn't strictly speaking illegal if there are no witnesses.

    Report on 25 February 2010  |  Love thisLove  0 loves
  • Mick James
    Love rating 25
    Mick James said

    As things stand, your estate will be whacked with a 40% tax bill if it is valued at £325,000, or £650,000 for couples, though this will rise to £350,000 and £700,000 respectively in the next tax year.

    That's incredibly misleading: the IHT (inheritance tax) due on a £325k or smaller estate will in fact be zero, and the 40% rate only applies to amounts in excess of that allowance.

    There's no "couples" rate of £650k. Money you leave to your spouse or civil partner doesn't incur any IHT or count towards the £325k tax-free allowance. But if you don't use all of your IHT allowance in other bequests then you can pass on whatever percentage of it you didn't use to your partner. 

    So if you leave your entire estate to your partner you will pay no IHT and they will receive double whatever the IHT allowance is at the time of their death.

    This is a recent change in the law but does apply to people whose partners have already died (although the rules are slightly different if this was before 1975).

    Basically no couple worth less than £700k needs to worry about IHT. It's not a bad system and I very much doubt the Tories will change it.

    Report on 25 February 2010  |  Love thisLove  1 love
  • Lovelyjoolz
    Love rating 7
    Lovelyjoolz said

    But what happens to debts if you die without any estate to speak of?

    I'm not married, nor do I have any dependants. I'm planning on outliving my parents. I don't own a house as I've never seen the point if I have no-one to leave it to. My only assets are my fabulous shoe collection and my VW Golf.

    I have a modest amount of savings which I plunder regularly to pay for holidays and more fabulous shoes. I live within my means, pay off my credit card every month and can hand on heart say that I owe nothing to anyone.

    But if I were the type to run sc?o?r?e?s? ?o?f? ??s?t?o?r?e? ?c?a?r?d?s? ?a?n?d? ?c?r?e?d?i?t? ?c?a?r?d?s? ?t?o? ?t?h?e?i?r? limit and only ever pay off the minimum, who gets stuck with the bill when I shuffle off this mortal coil??

    Report on 25 February 2010  |  Love thisLove  0 loves
  • Grayham
    Love rating 9
    Grayham said

    As I understand it that IHT can get intresting when two people marry (having already lost their relevent partners and having been passed the full tax free "share") in that the full amount then passes onto remaining partner upon death of one of them giving the possibility of a £1,300,000 (or more depending on numbers of previous partners involved) tax free amount.

    Report on 25 February 2010  |  Love thisLove  0 loves
  • lauradean
    Love rating 14
    lauradean said

    Not strictly speaking a comment about this article but I am pregnant with my 1st child and wish to make provision for it in my will.

    Any chance of an article about the best place to leave money (i.e. trusts) for one's child until he or she comes of age?

    Report on 25 February 2010  |  Love thisLove  0 loves
  • Mick James
    Love rating 25
    Mick James said

    Lovelyjoolz: I were the type to run sc?o?r?e?s? ?o?f? ??s?t?o?r?e? ?c?a?r?d?s? ?a?n?d? ?c?r?e?d?i?t? ?c?a?r?d?s? ...who gets stuck with the bill when I shuffle off this mortal coil?

    The people who were dumb enough to lend it to you in the first place! 

    Grayham: you can indeed combine any unused IHT allowances from former partners but only up to 100% of the current allowance. See here:

    http://www.hmrc.gov.uk/inheritancetax/intro/transfer-threshold-examples.htm#4

    Report on 25 February 2010  |  Love thisLove  0 loves
  • MouthyRob
    Love rating 14
    MouthyRob said

    Good article topic to cover, but I think slightly misleading around the issue of Occupational Pension funds being left to the estate upon death before the age of 65.

    I think that a lot of pension funds will permit this, but even more (generally FS schemes) will permit something up to a maximum of 4 x projected retirement salary as a lump sum payment instead (I think that's the maximum HMRC permit), with many (I think including NHS) offering 2 x salary as a lump sum for "Death in Service".

    Point I'm trying to make (admittedly not very well) is that people must read their pension scheme rules. To do otherwise is the financial equivalent of buying a house in an area you've never visited.

    Report on 25 February 2010  |  Love thisLove  0 loves
  • petitemisschief
    Love rating 22
    petitemisschief said

    Don't forget the state has first dibs on your estate if you owe it anything. First the taxman takes his share and then if you've been overpaid any welfare benefits these will have to be paid back

    Report on 25 February 2010  |  Love thisLove  0 loves
  • madelaine
    Love rating 4
    madelaine said

    Oh, there is so much missing from this! What about "What happens if you don't leave a will?" That is SO important. People need to be persuaded to make one.

    Report on 26 February 2010  |  Love thisLove  0 loves
  • itsmeagain
    Love rating 0
    itsmeagain said

    Two questions:

    1. What exactly is an annuity and how does it work? There seem to be good times and bad times to buy one, but do you have a choice of date, as your 65th birthday is fixed?

    2. What happens to a joint bank account when one spouse dies? If the full account is frozen during probate, that is a problem. Is there a way around it?

    Report on 26 February 2010  |  Love thisLove  0 loves
  • madelaine
    Love rating 4
    madelaine said

    answer to istsmeagain's 1st question.. the survivor can continue to draw on the account, though the ownership of the money is determined by rules too complicated for me to copy from the book on wills and probate which I've just looked this up in.

    Report on 26 February 2010  |  Love thisLove  0 loves
  • Cocohat
    Love rating 0
    Cocohat said

    My husband died suddenly 4 years ago leaving myself and the children without a life insurance policy or any savings. His company pension is tiny because he was on a freelance marketing contract. His company collected a fund at the memorial service for an educational charitable trust donation to be made in his memory. A year ago I learned that his company still have this fund £5,000 as they have not found a suitable chairty (I suggested 3). When I asked the new MD if we (the famly) might have it they said 'for legal reasons - no'. I wonder whether for legal reasons they should not be hanging onto this money?

    Any advice anyone?

    Report on 27 February 2010  |  Love thisLove  0 loves
  • Time to go
    Love rating 0
    Time to go said

    I think that this article may be misleading or, of course I may misunderstand things.

    Where you die after having commenced income drawdown you make reference to your dependents being able to receive the remaining fund less 35% tax. This is true, but my understanding from the moneymadeclear literature from the FSA your dependents can continue with income drawdown, or buy an annuity with the remaining funds without this deduction (although of course the income received would be subject to income tax where their income exceeds their tax personal allowance threshold).

    Report on 28 February 2010  |  Love thisLove  0 loves
  • Irish Eyes
    Love rating 0
    Irish Eyes said

    What happens if you are separated but havent changed your will when you die?

    Report on 01 March 2010  |  Love thisLove  0 loves
  • dikkyfit
    Love rating 0
    dikkyfit said

    daft question no.1 .... my wife died recently, leaving everything to me in our joint will. When i die, two of my children are named as executors in my will, and my estate will be split equally between my four children - simple !

    If my estate is valued at more than say £750,000 there will be some liability for IHT. But ... how are the Inland Revenue informed of this fact ? is it down to the executors to do the "honest" thing and inform HMRC ?

    Report on 02 March 2010  |  Love thisLove  0 loves
  • John Fitzsimons
    Love rating 30
    John Fitzsimons said

    Hello all

    Thanks very much for all the feedback and comments, always appreciated!

    Lots of very interesting questions from you, which I'm having a look into, but it might also be worth asking them in our Q&A section as many of your fellow lovemoney.com readers will have been in a similar position and can probably share their experiences.

    John

    Report on 11 March 2010  |  Love thisLove  0 loves
  • glads69
    Love rating 13
    glads69 said

    Dikkyfit - your children executors can only distribute your estate once they have probate, without which your children will not be able to access your assets. That's how HMRC know about your estate!!

    Report on 22 March 2010  |  Love thisLove  0 loves
  • Quarket
    Love rating 25
    Quarket said

    Please write an article on the horrors of leaving a solicitor or bank to be the executors. Banks and solicitors often write a will free of charge or for a nominal fee but they write themselves in as executors so that they can take a huge slice of the estate for very little work when it comes to executing the will. I've heard for example that some will charge £300 for selling one single share holding, so if you have 10 shares, there is 3k gone before all of their other admin fees which usually involve a percentage of the estate. Of course they will use the argument that the will instructs them to be the executors, but the person who's will it is, didn't know about the charges because they are not made available or buried in small print and they are not in a position to argue after they have dropped off their perch. Lets bring this to the attention of people writing their wills.

    Report on 16 October 2012  |  Love thisLove  2 loves
  • Chunky
    Love rating 20
    Chunky said

    I have just completed the execution of my father's will. The cheaper solicitor offered to do probate for £3200 fixed. I decided to do the probate myself. It cost me six hours' work and £107 and was complete in less than a month. All praise to the Probate Service and the IHT department of the HMRC.

    It helped that my father had made all his accounts joint accounts with my name added.

    If the solicitors had done it, they would still be sitting on it three months later.

    Report on 16 October 2012  |  Love thisLove  0 loves

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