Is surviving sibling obliged to pay funeral costs for brother she hadn't seen for over 50 years?

[Minitoots]

We just heard that my 90 year old Mum's younger brother has died without leaving a will. He had been in sheltered housing for decades with mental health issues, and had not been in touch with any of his 3 surviving sisters for over 50 years, despite one of my aunts' trying to keep in contact with him.

My Mum lost contact with him about 55 years ago. Neither my Mum or her two 80 + 85 year old sisters have any funds to pay for funeral costs. My cousins (the children of the 3 sisters) are keen to relinquish any next of kin status for our parents if it's possible - does anyone know what the situation is here?

We only found out from my Uncle's carer who called one of my Aunts and informed her that HE was next of kin. This has since been retracted when it turned out that there was not a will.

It's a bit more complicated in that there was another brother who died a couple of years ago and HIS daughter (ie another cousin of mine) was in touch with my late uncle and his carer regularly until he died and is happy to take over the organising of everything but is also asking for financial help from the 3 sisters....

Anyone with any helpful advice - please let me know!

[diable rouge]

Normally when someone dies without a will, Probate or letters of Administration is required.

This is a handy guide, under LoA it is possible for nieces to apply... https://www.citizensadvice.org.uk/family/death-and-wills/dealing-with-the-financial-affairs-of-someone-who-has-died/

But I would check with CAB first that this ok in your situation before going forward...

[Blah Blah]

The answer is no. You are not required to be responsible for funeral or any other costs. Relatives however can apply for help with funeral costs from the DWP (Funeral Expenses Payment) if they want to take care of that, but it is never enough to cover more than the most basic funeral and is means tested. Money in the deceased's bank accounts can also be used for funeral costs on writing to the bank.

Probate is only required if there is an estate above a certain value. Most commonly kicks in when someone is leaving a house behind with no will. The probate is necessary in order to claim the assets (and pay any taxes due on them).

If no-one comes forward to take care of a funeral for someone, then the state will take care of a basic cremation and scattering of ashes (Public Health Funeral).

Edited to add, the niece who does want to arrange a funeral can also apply for the help listed above. She should start by applying to appoint herself administrator, and then apply for a funeral expenses payment. Lot's of useful info for her here;

https://www.citizensadvice.org.uk/family/death-and-wills/dealing-with-the-financial-affairs-of-someone-who-has-died/

[Minitoots]

Thanks so much to you both for taking time to reply - that?s all really helpful info. I?ve now heard that my estranged Uncle?s carer has organised a bespoke coffin & burial despite not being next of kin! Apparently my Uncle had just about enough funds to pay for

this, but the money won?t be accessible until someone is named next of kin and takes on the administration... Complicated....

[Blah Blah]

Yes, it has to be a next of kin, but his niece can do that. She just has to make the application for administration and then can write to the bank to release the funds directly to the funeral director. That all happens very quickly as well, so while complicated, it is a well oiled system, so to speak. Hopefully it all sorts itself out for you.

[JohnL]

It's down to the executor I think but ...

"In these circumstances, the next of kin may choose not to claim responsibility for the person who has died.

When a person is unclaimed by next of kin, the local authority that oversees the place where the person died, will arrange a public health funeral, sometimes also known as a pauper?s funeral, for them."

https://www.funeralguide.co.uk/help-resources/when-someone-dies/next-of-kin-all-you-need-to-know

[Pugwash]

When I was working in social services - if someone died and had no known next of kin/or next of kin with no access to finances, the local authority will take responsibility for funeral costs. Very basic coffin . I had one chap who died but his wife was sectioned under S2 in hospital and was not deemed capable to understanding the situation or to handle finances. There was a daughter (wife's daughter) who refused to get involved. We were aware this guy had some money ( a lot in cash and rest in bank) Agreement was that when someone was appointed by probate office to manage finances . LA would be reimbursed some/all of costs.