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
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.
When a loved one dies leaving no will it can be difficult to know where to start. We will provide you with a free consultation to explain exactly what you need to do next.
You do not need to worry about spiraling costs. We can provide certainty in relation to our fees from the outset.
We will administer your loved one’s estate in accordance with intestacy law take the stress and worry off your shoulders.
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.
We offer a free initial consultation, so if someone has died without a will and you’re not sure who is entitled to what or how the UK’s intestacy laws apply to you, please call us for free on 0800 389 7093 or complete the short form below and a member of our Wills and Probate Team will be happy to help.