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Intestacy

We can offer a Free Consultation for any intestacy questions or issues – we’re happy to help.

Intestacy Rules: Who can inherit if there is no will?

When a loved one dies without leaving a Will you may have many questions as to what should happen to their estate and who is responsible for dealing with such matters. Unfortunately, this means that the deceased died intestate, and so their estate is subject to the Intestacy rules.

Intestacy also occurs where a Will exists but it is invalid. Partial intestacy occurs where the deceased did leave a will, but it does not dispose of his full estate.

In any of these situations, this can create a great deal of uncertainty as to who is entitled to an estate and who has the authority to manage it at an already difficult time. The death of a loved one in these circumstances can also create ambiguity regarding ownership of the matrimonial home, which may not pass automatically to the surviving spouse.

You may be unclear as to what assets or debts are due to the estate, and making enquiries for this can be an onerous and lengthy task. Fortunately, you are not alone in this situation. Our specialist Probate team at Poole Alcock can answer these questions for you in a manner which will put you at ease.

If you have a question about intestacy or would like to speak to our team, please complete the contact form below or call us for free on 01270 625478. For your safety, we’re happy to arrange consultations over the phone or via video call during the current health crisis. The consultation can be arranged at a time and date that is convenient for you and we always endeavour to work with the utmost sensitivity with regards to your personal circumstances.

Administering the Estate

We will take instruction from you, obtaining details of family members of the deceased, their assets and liabilities.

We will obtain a grant of representation allowing us to deal with the estate.

We will settle the estate and distribute according to Intestacy Law.

Intestacy Rules Explained

Under the intestacy rules, if you are the surviving spouse or civil partner, you primarily have priority, but entitlement can be uncertain and dependant on other factors. This could include whether your loved one left surviving children, parents, brothers or sisters. The rules detail a hierarchy of who should inherit in the first instance, and if that person should not survive the next relative down will inherit.

We can help you to navigate through the appropriate rules and discover who is entitled in the first instance, and exactly what they are entitled to. Potentially, if you find that you are entitled, you could be responsible for distributing a large amount of money. We can alleviate you of this important responsibility attached to the role of Administrator to the estate.

We can manage essential tasks such as obtaining a Grant from the court to enable monies to be collected and ensuring any liabilities to the estate are paid. As next of kin to the deceased, you may wish not to be burdened with such matters. Poole Alcock can relieve you of these responsibilities and ensure matters are dealt with according to the rules.

This situation can, however, be easily avoided by making a Will. If you are considering making a Will, you have the opportunity to dictate to a certain extent whom you would like, or wish not, to benefit from your estate. The Executors of such Will are bound to give effect to it in so far as possible. Equally, if you die without a Will, these wishes become irrelevant and unenforceable. Find out more about our Wills and Probate services here.

Get in touch with us

If you would like a free consultation to discuss intestacy, please complete the contact form below.

We’re happy to meet with you at home or in our offices – whatever is convenient for you.

If you prefer to speak on the phone, please do not hesitate to call us for free on 01270 625478.

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Both sensitivity and efficiency are important in dealing with this type of work. Poole Alcock fulfil both requirements whilst retaining the attributes of a ‘family solicitors’.

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