Further help and support

So that you know what to expect, we've summarised what happens for each type of product or service held with us. Learn more on what happens after we're notified about the death of a customer.

There are many organisations that you may need to contact after someone close passes away. Find out what other organisations to inform after someone close passes away.

Probate (or 'confirmation' if you live in Scotland) is a general term used to describe the process you may need to go through to apply for the legal right to deal with an estate. The process involves applying to the Probate Registry, who formally confirm if a will is valid or, if there is no will, check that you are legally allowed to deal with the deceased's estate. Once they are satisfied, they'll issue a legal document called the grant of probate, or the grant of letters of administration (if there wasn't a will). This document formally names the person(s) responsible for dealing with the estate. In Scotland, both documents are known as 'confirmation'.

Once the personal representative has received probate, they will need to show the legal document to banks, building societies and other organisations to prove that they have authority to deal with any assets the person who passed away owned.

Is probate required?

Probate is not required where all the deceased's assets are held jointly with another person and where they pass automatically to the joint owner.

Where the value of the deceased's assets held in their sole name is greater than £5,000, probate may be required. Most financial institutions have individual discretionary limits for releasing assets without seeing the legal document.

At M&S Bank, we feel it's important that we support you as an individual. For this reason, every case will be reviewed by one of our Bereavement Support team and decisions will not be made solely on the value of the estate.

Please be aware - if the deceased owned a property in their sole name probate will always be required before it can be sold or transferred.

How to apply for probate

To apply for probate yourself, you need to complete some application forms and send them to your local Probate Registry office. You can download these from gov.uk.

In Scotland, you apply to the Sheriff Court instead of a Probate Registry office. Visit gov.uk for more information, or contact a solicitor.

Assessing your own finances after the death of a loved one.

Documentation required

• Original death certificate or the coroner's certificate.
• If there is a will, an original or certified copy of the will, to confirm who is entitled to deal with the estate and be a personal representative.
• If a personal representative of the deceased does not already bank with M&S Bank, we'll need one form of identification and one form of address verification for each of the personal representatives to ensure we’re only liaising with the personal representative of the estate or their appointed attorney. We’ll need this before releasing any credit funds.
• Original sealed grant of probate or letters of administration (or in Scotland this is called 'confirmation') may be required.

We prefer to see documents that are issued by an official authority and include a photograph, such as a passport, national identity card or photo card driving licence. If you can't provide one of these, please make sure your identity and address verification documents include your full first name as well as your surname.

For more information, take a look at our list of acceptable identification documents.

For any further questions, speak with our Bereavement Support team via our contact us page.

Documents can be sent to: M&S Bank, PO Box 329, Wymondham, NR18 8HA.

Please do not post original photo identity documents to us. All high value documents will be returned to you in the post.

Original documents

We request original documents, or certified documents, to protect the business and our customers from potential fraud. We need to identify and verify all the personal representatives dealing with the estate, so we can protect the estate from criminals who may use your name or other information without your knowledge. Documents that are issued by an official authority and include a photograph, such as a passport, national identity card or photo card driving licence, are not easy to forge.

For more information, take a look at our complete list of acceptable documents as proof of identity and confirmation of address.

Probate is not required where all the deceased's assets are held jointly with another person and where they pass automatically to the joint owner.

Where the value of the deceased's assets held in their sole name is greater than £5,000, probate may be required. Most financial institutions have individual discretionary limits for releasing assets without seeing the legal document.

At M&S Bank, we feel it's important that we support you as an individual. For this reason, every case will be reviewed by one of our Bereavement Support team.

Please be aware – if the deceased owned a property in their sole name probate will always be required before it can be sold or transferred.

We need to see the will to ensure that we are dealing with the correct personal representative(s) of the deceased.

If someone passes away without making a will or you're unable to locate a signed will, they are said to have passed away 'intestate'. The law on who will inherit the estate will vary depending on where the deceased lived and, in some circumstances, their religion. 

In England, Wales and Northern Ireland the Laws of Intestacy apply and the person who will inherit the estate is the next of kin - usually their husband, wife, civil partner or their child/children. Unmarried partners are not considered next of kin. In Scotland, different rules apply – to find out more, visit gov.scot.

To find out what to do if there is no will left in England visit gov.uk/inherits-someone-dies-without-will. There you'll find a simple online tool that takes into account the deceased's situation and guides you to the correct information.

Once you've informed us of your bereavement we'll ensure that all the relevant teams within M&S Bank are updated. If the person who passed away had investments with M&S Bank, these will be dealt with separately and the relevant Bereavement Support teams will contact you to confirm the next steps.

You’ll find the various ways to get in touch on our contact us page, but you may find the quickest way to notify us is to complete our deceased notification form.

Where sufficient funds are available, we can help you by paying the funeral bill, wake and flowers, any probate fees and inheritance tax (subject to limits). For more information or guidance, contact our Bereavement Support team.

Funeral expenses

Provided there are sufficient funds in the deceased's account, we will be able to pay the funeral expenses directly on receipt of the original invoice.

Unfortunately, we can't accept estimates to settle the bill in full. However, we can accept the funeral director's estimate if a deposit is requested to be paid prior to the funeral taking place. We can only pay the funeral company directly and not a third party.

For more information or guidance, contact our Bereavement Support team.

Inheritance tax

We can pay inheritance tax on your behalf. The personal representative(s), who are applying for grant of probate, will need to complete and sign an HM Revenue and Customs (HMRC) form IHT 423 and include the unique HMRC reference number. This is obtained from HMRC.

Once we receive the completed form, we will make the payment direct to HMRC.

Note: We need to have seen the death certificate and know the name(s) of the personal representative(s).

Getting mail addressed to a person who has passed away can be upsetting. The Bereavement Register® is a free service that helps reduce the amount of direct mail being sent to the address of a person who has passed away.

the-bereavement-register.org.uk

The account is frozen once we are notified and we don't issue a statement because it would go out in the deceased person's name.

You can apply for your own M&S Credit Card online or visit our contact us page for details on how to call us. 

We can only transfer Loyalty Points to you if you have your own card.

No. The executor or administrator of the estate will be responsible for notifying all merchants to cancel subscriptions.

Upon notification of death, any account with an outstanding debit balance will need to be repaid. If the estate is solvent, then the personal representative must authorise us to deduct any amount from credit balances held on the other accounts.

Where there are insufficient funds on other accounts, any outstanding amounts will need to be paid from the estate.

You can apply for your own M&S Credit Card online or visit our contact us page for details on how to call us. 

The account is frozen once we are notified that the main account holder is deceased. This means interest will no longer be charged on the outstanding balance of the account.

An interest that the beneficiary is completely entitled to immediately, without any restrictions.

The value at which either the personal representatives or the beneficiary acquires the assets.

The formal and legal term for dealing with the estate.

The period between the date of death and the date of the close of administration.

The person appointed to administer an estate where there is no valid will, or where the executor is unable, or unwilling, to act.

The Probate value as formally agreed by HMRC where inheritance tax is payable.

A power given by will or deed to appoint a person or class of persons to inherit an interest.

Property, money or possessions that belonged to the deceased.

A person appointed by another to act in his/her place.

A person who inherits all or part of the money or property from someone who has died.

Capital Gains Tax is a tax on capital 'gains'. If when you sell or give away an asset it has increased in value, you may be taxed on the profit/gain.

This is a legal written amendment to an existing will.

This is a legal document issued by the Sheriff's Court in Scotland, where the deceased lived in Scotland. It is the equivalent to the Grant of Probate issued in England and Wales.

In certain circumstances a death has to be investigated by the coroner. In this case a Coroner's Certificate will be provided in place of the Death Certificate.

The legal document issued by the registrar when a person dies. It is a copy of the entry in the death register.

This allows beneficiaries to change how the estate is distributed to reflect family circumstances or possibly save future inheritance tax.

The total value of everything owned by the person who passed away – money, property and possessions – after any debts they had have been settled.

Accounts listing all transactions during the administration period.

The person(s) named in a will who is responsible for making sure the wishes of the person who died are carried out.

If a valid will doesn't exist, this document authorises the person dealing with the estate (the administrator) to deal with the deceased's property and financial affairs.

An official document confirming that the will is valid and stating who the personal representative is. It can be used to show the Personal Representative(s) has the right to access funds, sort out finances, and collect and share out the deceased's Assets as set out in the will. In Scotland this document is called 'confirmation'.

A document that provides proof that someone has 'Probate' and is allowed to deal with a person's estate.

Tax that is paid from the estate of a person who has passed away and must be paid before the estate is shared out to the beneficiaries.

When someone passes away without having made a valid will. A person who dies without having made a valid will is known as having died 'intestate'.

A gift contained in a will, ie: a specific item or general bequest of money.

An official document stating who the personal representative is when a person has died without making a will.

The closest related family member(s) of a person who has passed away. This is normally their husband, wife, civil partner or their child/children.

The value of Assets which a deceased person can leave to friends or family without them having to pay any inheritance tax.

The person who is legally responsible for dealing with the estate.

The legal term for giving someone the authority to manage the estate of a person who has passed away. In Scotland, Probate is known as 'confirmation'.

The organisation responsible for overseeing probate and issuing Grants of Representation.

The act whereby a named personal representative signs a legal document which cancels his/her appointment from the start.

What remains of the estate after payment of all debts, legacies and all taxes and expenses.

The person who holds assets on trust.

A document which states what someone would like to happen to their assets when they pass away.