Intestacy rules

If someone dies and hasn’t made a valid will their estate will be distributed under a certain set of rules. These are known as the rules of intestacy.

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What happens if there’s no will?

Under the intestacy rules, as a result of not having a valid will, no-one will have the authority to immediately deal with the deceased person’s affairs. In these circumstances, it is usually the closest relative who becomes entitled to sort out the estate. However, before they can do this, they will need to apply for a Grant of Letters of Administration from the Probate Registry. Once the application is approved, the person is appointed as an administrator and given authority to deal with the estate.

Our specialist wills, estate administration and probate solicitors can help you through this process.

The administrator’s role involves similar duties to those of an executor. They are required to:

  • Collate the details of the estate’s assets
  • Co-ordinate the details of any debts
  • Pay any inheritance tax
  • Sell or distribute the assets of the estate
  • Pay particular care to make sure that all of the beneficiaries have been identified

The intestacy rules state a particular order in which people are entitled to a part of the estate. However, this order will depend on the value of the estate and who the surviving family members are. The closest relatives will inherit the estate as a priority.

Usually, if there is a surviving spouse or civil partner they will inherit the estate. However, if there are surviving children they may also get a share of the estate if it is valued at more than a specific amount as stated in the current intestacy rules. If the deceased was not married or in a civil partnership, and had no children other people may be entitled to deal with the deceased person’s affairs and inherit their estate.

 

How can we help?

Our specialist team has expertise in navigating the intestacy rules and can help you fully understand how to complete the estate administration process and make sure that each beneficiary inherits the right amount. Our team will not only help you understand the process but help to ease the emotional burden and leave you feeling relieved that everything is taken care of.

We can:

  • Check whether there is a will or not
  • Advise you on who is entitled to deal with the estate if there is no will
  • Help you apply for a Grant of Letters of Administration
  • Guide you through the steps you need to take during the estate administration process
  • Help you check how the estate should be distributed and who should inherit the estate
  • Contact beneficiaries for you and help trace family members
Under the intestacy rules, as a result of not having a valid will, no-one will have the authority to immediately deal with the deceased person’s affairs. In these circumstances, it is usually the closest relative who becomes entitled to sort out the estate. However, before they can do this, they will need to apply for a Grant of Letters of Administration from the Probate Registry. Once the application is approved, the person is appointed as an administrator and given authority to deal with the estate.
Our specialist wills, estate administration and probate solicitors can help you through this process.

 

The administrator’s role involves similar duties to those of an executor. They are required to:

  • Collate the details of the estate’s assets
  • Co-ordinate the details of any debts
  • Pay any inheritance tax
  • Sell or distribute the assets of the estate
  • Pay particular care to make sure that all of the beneficiaries have been identified

The intestacy rules state a particular order in which people are entitled to a part of the estate. However, this order will depend on the value of the estate and who the surviving family members are. The closest relatives will inherit the estate as a priority.

Usually, if there is a surviving spouse or civil partner they will inherit the estate. However, if there are surviving children they may also get a share of the estate if it is valued at more than a specific amount as stated in the current intestacy rules. If the deceased was not married or in a civil partnership, and had no children other people may be entitled to deal with the deceased person’s affairs and inherit their estate.

 

How can we help?

Our specialist team has expertise in navigating the intestacy rules and can help you fully understand how to complete the estate administration process and make sure that each beneficiary inherits the right amount. Our team will not only help you understand the process but help to ease the emotional burden and leave you feeling relieved that everything is taken care of.

We can:

  • Check whether there is a will or not
  • Advise you on who is entitled to deal with the estate if there is no will
  • Help you apply for a Grant of Letters of Administration
  • Guide you through the steps you need to take during the estate administration process
  • Help you check how the estate should be distributed and who should inherit the estate
  • Contact beneficiaries for you and help trace family members

Speak to a member of our estate administration and probate team on 0161 475 7676 or get in touch via our contact form

Speak to a member of our estate administration and probate team on 0161 475 7676 or get in touch via our contact form

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why work with us

Why choose SAS Daniels for estate administration and probate support?

Our professional, approachable and empathetic team can give you full support in all estate administration and probate matters, easing your concerns at what can be a very difficult time.

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