Here are some of the most common legal terms you may come across when someone dies. 

• Administrator – the person who is appointed to deal with the estate when either there is no will, or there is no executor who can carry out the intentions set out in the will. 

• Beneficiary – someone who is named in the will and entitled to receive a specific gift, sum of money or share of the estate. 

• Certified copies - a photocopy of a document that has been certified by a professional/qualified person. Certified copies of death certificates, grants of probate or letters of administration must be certified by a solicitor or commissioner for oaths.  

• Death certificate – either a medical document issued by a qualified doctor that certifies the death or the legal document you get afterwards from a registrar confirming the details of the death.  

• Estate - A person’s estate includes everything they own and everything that’s registered in their name. 

• Executor - The person or persons named in a will to deal with the estate following a person’s death. 

• Grant of Probate - the official document that confirms to the executors that they have authority to act and validate the will. Enabling them to share out the estate as the deceased intended. Where there is a will, this will be a ‘Grant of Probate’. Where there is no will, it will be ‘Letters of Administration’. In Scotland, this is known as ‘Certificate of Confirmation’. 

• Intestate/Intestacy - When someone dies without leaving a valid will in place. 

• Letters of Administration - The official document that appoints people to handle a person’s estate, where there is no will, no executors appointed in the will, no executors still living, or no executors willing to carry out the executor’s duties. 

• Next of kin – the deceased’s closest living relatives. The order of priority is typically: spouse or civil partner, children, parents, and then other close relatives like siblings or grandparents.  

• Personal representative - This is the executor or administrator managing the deceased’s estate. They are responsible for collecting all the assets and paying all the bills and debts that need paying. The personal representative may also be a beneficiary in the will. 

• Probate - The legal process of dealing with someone’s estate after they’ve died. This includes collecting all of the person’s assets; their money, property and belongings – as well as settling debts and paying any taxes due, then sharing out what’s left as directed in the will. 

• Statutory declaration – this is a formal statement confirming that something is true to best knowledge of the person signing it. Financial institutions use statutory declarations to transfer money to people who are legally entitled to deal with the estate of a person who has died, such as executors of the will. 

• Will - A legal document which indicates who should benefit from the estate and how. It also appoints an executor to administer and distribute the estate, and may appoint guardians or contain funeral wishes

You will need to register the death within 5 days (8 days in Scotland). Information on this can be found on the government’s website here.  

Once you have registered the death you will be given: 

• A death certificate – you may want to ask for extra copies as many organisations will want to see an original version (there may be a fee for this).  

• A certificate for burial or cremation.

Step 1: Notify us of the death 

You can register the death with the Society in the way that is easiest for you. We will need to see the original, or a certified copy of the death certificate, interim death certificate, or coroner’s report so that we can trace the deceased and find all the accounts they hold with us.  

If the deceased held a joint account with the Society, we would need the investment passbook(s) along with death certificate so that we can make alterations. This can be done in branch if needed.  If the deceased only held a joint account, this is all we will need. 

If the deceased held a sole account with the Society, we will need to know: 

• Whether there is a will and if so, the name and contact details of the executor
• The contact details of the person who is informing us of the death (if not the executor)   
• Whether you will be seeking grant of probate or letters of administration, so we can ensure the right form is sent out with further instructions

You can provide this information: 

• By completing our online notification form

• By calling us on 01635 555700 and we will transfer you to the right team to help you

• By visiting any of our branches if you would prefer to talk to us face-to-face. Please call your branch in advance to make an appointment, so we can provide a private meeting space. 

• By posting the information to Newbury Building Society, 90 Bartholomew Street, Newbury, Berkshire, RG14 5EE

Step 2: We will write to you with further instructions - sole account(s)

If we have not spoken to you in person in one of our branches, we will write to you and provide you with the relevant bereavement form needed to close the sole account(s) and include instructions for any other supporting paperwork required. If you are instructing a solicitor to deal with the deceased's estate after notifying us, they will contact us and we will deal with them directly and supply them with the necessary paperwork required.

Step 3: You complete and return the required paperwork - sole account(s)

The bereavement form will need to be signed by all executor(s)/next of kin/personal representative(s), whichever is relevant, and we will need to see their identification. Any other paperwork we require will be explained in our letter to you and in a checklist on the bereavement form.  This includes things like a copy of the will if there is one or grant of probate/letters of administration if that is being sought.   

You can return paperwork by email, in person at a branch, or by post. If possible, please do not send originals of any documents; a clear photocopy is fine. We will copy and return any originals back to you if sent. 

Step 4: We will check the paperwork – sole account(s)

We will check the paperwork received and contact you should we require anything further.

Step 5: We will close the account(s) and provide the funds – sole account(s)

We can provide a cheque or we can transfer the money to an existing or new Newbury account. We will follow your withdrawal instructions on the bereavement form,   

Please note that we are not able to close the account(s) by electronic transfer of funds to an account outside of the Society. 

How do you register a death on a mortgage account?

We will need to see the original death certificate or a certified copy to register the death. Please send a clear photo/scan of the certificate to us by email or post to Newbury Building Society, 90 Bartholomew Street, Newbury, RG14 5EE. We will return any copies received by post. 

What happens if it’s a joint mortgage account?

Once we have received a death certificate, the mortgage will move into the name of the remaining mortgage account holders. We would expect the mortgage payments to continue being paid, but if you are worried about payments please take a look at our mortgage payment support page or contact our small and friendly team on 01635 555588 for further guidance. 

What happens if it’s a sole mortgage account?

We will ask for the contact details of the individual or solicitors who are managing the estate of the deceased, so that we can provide them with the relevant information. No payments are expected to the mortgage account, but interest will continue to be charged. Our Mortgage Payment Support team may ask for regular updates on the plans for the property and mortgage. 

We understand that you may need to access Newbury Building Society held savings funds to pay off certain expenses arising from the death. We can only allow withdrawals from savings accounts to pay the following: 

• Funeral expenses; funeral, wake, flowers & order of service (cheque payable to 3rd party)

• Inland Revenue inheritance tax bill (direct payment to HM Revenue & Customs)

• Court of probate (cheque payable to probate or family court) 

Please note if a permitted withdrawal takes place, then the documentation we can accept to process the closure may change. You will be informed of this when a withdrawal is made. 

What do you need to make a withdrawal from a deceased account?

We require a scanned copy or original of the following in every case: 

• An original bill or invoice (must be for funeral expenses, Inland Revenue inheritance tax bill or Court of Probate)

• Signed withdrawal form authorised by executor(s), administrator(s) or acting solicitor (we will provide this on request)

• Identification for executor(s) or administrator(s) 

Will a deceased ISA retain its tax-free status?

HMRC regulations mean that an ISA will automatically lose its tax-free status 3 years and 1 day after the death of the account holder (if it hasn’t already been closed by the executor as part of the estate administration). This means that the ISA provider is required to remove the tax-free wrapper-meaning the funds are no longer tax free and any income or gains from that point may be subject to tax. 

What is additional permitted subscription (APS) and how do you apply?

Since 3 December 2014, when a person holding an ISA passes away, the surviving spouse/civil partner is entitled to an extra ISA allowance (even if the spouse/civil partner does not actually inherit the ISA). This is referred to as the additional permitted allowance (APS). It is an allowable subscription in addition to their personal annual ISA subscription. You have three years from the date of the death to claim APS allowance. 

To apply for APS with Newbury Building Society we require the following:

• Death certificate 

• Completed APS application (which will be sent to you if applicable) 

• Surviving spouse or civil partners ISA investment passbook or ISA application for new ISA account 

• Identification for surviving spouse 

If funds are being transferred from a deceased account with Newbury, we also require: 

• Bereavement form fully completed and signed  

• All other paperwork required as detailed in the checklist on the bereavement form.  This form will be sent after notification of a death. 

What happens if a Power of Attorney or Court of Protection was in place?

Power of Attorney and Court of Protection are invalid once the owner of the account has passed away; the attorney or deputy has no authority to operate or access the deceased’s accounts. 

What do I need to take when asking a solicitor to witness me signing the statutory declaration in the bereavement form?

In some circumstances we'll require a solicitor to witness you signing the bereavement form.  If we need you to do this, there will be a section on the form we send you for a solicitor to sign.  It is likely that they will need two forms of ID so they can verify your identity: one photographic ID and one proof of address.  We recommend you check requirements with the firm before visiting, and ask about any costs, so you have everything you need. 

Will there be a penalty for withdrawing from a notice, or bond account?

For all deceased accounts, we do not require notice to make authorised withdrawals or close the accounts and there will be no loss of interest. 

Will the savings account continue to earn interest after the date of death?

The account will continue to earn interest, as normal, until the account is closed. 

What if the deceased was a nominee or trustee on a savings account?

Please let us know if the deceased was the nominee/trustee on a savings account. If they were the sole nominee/trustee, we will likely need a replacement for the account once the Society is in receipt of all the appropriate documentation. 

How do I deal with their tax and benefits?

When someone dies, their tax, benefits and national insurance will need to be sorted. We can help by providing a statement of interest for the member's sole accounts up until the date of their death. If this would help, please let us know. The personal representative/executors are responsible for paying any inheritance tax using funds from the estate. Further information can be found here. 

You may find the following websites useful during your bereavement: 

• Citizen's Advice Bureau

• Child Bereavement UK

• Age UK

• National Association of Funeral Directors

• The Samaritans