What are the 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.
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.
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 £250,000. 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 SAS Daniels help with the intestacy rules?
Our specialist team have 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.
- 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.
For advice on the intestacy rules, please contact our Estate Administration & Probate team via our contact form or call us on 0161 475 7676.
Job Title: Partner
Phone: 01260 282351