WHO’S IN CHARGE WHEN I DIE?

The short answer is your next of kin and the executor(s) of your will. But complications can arise, especially if you have no will and you have no close relations.

Your next of kin

In the case of those under the age of 18, your parents or guardian will automatically take charge of your affairs if you should die. For those aged 18 or over, it would be your married spouse and/or closest blood relations (parents, siblings, children, etc). However, if your closest relations live on the other side of the world or you have little contact with them, you may prefer to nominate someone else to be your next of kin, such as a close friend or an unmarried partner. You should inform your relations and others with whom you have dealings (doctors, legal advisers, banks, etc) of these arrangements and carry details of your next of kin around with you.

The responsibilities of your next of kin will include:

• registering your death
• informing relations, friends and other interested parties that you have died
• organising the funeral.

Your executor

This is the person who is responsible for administering your will – which involves gathering together your assets, paying any bills and distributing any surplus. It is not necessary to appoint a solicitor as your executor, though this is often done. Bear in mind that if you appoint a solicitor or a bank as your executor there will be fees to pay or a charge based on the value of your estate.

If the will is relatively straightforward lay people aged 18 and over can be appointed to administer your will, and it is up to them whether they decide to employ a solicitor to do some or all of the job. You may appoint up to four executors; a minimum of two is recommended in case one of them dies or is unable to carry out the task. They really ought to be people who are likely to survive you and can be trusted to deal with your affairs comptently and in a business-like fashion.

If you do not make a will, there will not be any executor, and your next of kin will have the task of sorting out your affairs.